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Full text of "Ordinances and resolutions of the mayor and City Council of Baltimore. "

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ORDINANCES AND RESOLUTIONS , 

OF THE 

Mayor and City Council 

OF BALTIMORE 
PASSED AT THE ANNUAL SESSION 1979-1980 




Baltimore 

20th Century Printing Company, Inc. 

City Printers 

1980 



r Wry k^^ 



ORDINANCES 

PASSED AT THE ANNUAL SESSION 
1979-1960 



No. 1 
(Council No. 2) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE BONDS— 
THE RUKERT TERMINALS CORPORATION 

FOR the purpose of supplementing Ordinance No. 1162 of 
Mayor and City Council of Baltimore, approved August 
13, 1979, which authorized and empowered the City to 
issue, sell and deliver, at any time or from time to time, 
its industrial development revenue bonds, designated 
''Baltimore City, Maryland Industrial Development Rev- 
enue Bonds (The Rukeii; Terminals Corporation Proj- 
ect)", in the aggregate principal amount not to exceed 
$1,000,000 (the ''Bonds"), pursuant to the provisions of 
Sections 266A to 266-1, inclusive, of Article 41 of the An- 
notated Code of Maryland (1978 Replacement Volume and 
1978 Supplement) , as amended, and to loan the proceeds 
thereof to The Rukert Terminals Corporation, a Maryland 
corporation, for the purpose of financing the acquisition 
by such corporation of a certain industrial building in Bal- 
timore City as provided therein, by (1) increasing the in- 
terest rate on the Bonds authorized by Ordinance No. 
1162, as supplemented by this Ordinance, from 7% per 
annum to 7%% per annum, and (2) authorizing the 
Mayor of the City to accept, on behalf of the City, such 
corporation's supplemental Letter of Intent to the City 
dated November 28, 1979. 

Whereas, Ordinance No. 1162, approved August 13, 1979 
("Ordinance No. 1162") authorized and empowered the 
Mayor and City Council of Baltimore (the "City") to issue, 
sell and deliver, at any time or from time to time, its in- 
dustrial development revenue bonds, designated "Baltimore 
City, Maiyland Industrial Development Revenue Bonds 



4 ORDINANCES Ord. No. 1 

(The Rukert Terminals Corporation Project)", in the 
aggrejrate principal amount not to exceed $1,000,000 (the 
"Bonds"), pursuant to the provisions of Sections 266A to 
266-1, inclusive, of Article 41 of the Annotated Code of 
Maryland (1978 Replacement Volume and 1978 Supple- 
ment), as amended (the ''Act") and to loan the proceeds 
thereof to The Rukert Terminals Corporation, a Maryland 
corporation (the ''Borrower"), for the purpose of financing 
the acquisition by the Borrower of a certain industrial 
building, to be located in Baltimore City, Maryland (the 
"Industrial Building") ; and providing, among other things, 
that the Bonds and the interest thereon shall be limited obli- 
gations of the City, repayable by the City solely from the 
revenue derived from loan repayments (both principal and 
interest) made to the City on account of the Loan and from 
any other moneys made available to the City for such pur- 
pose, and that neither the Bonds nor the interest thereon 
shall ever constitute an indebtedness or a charge against the 
general credit or taxing powers of the City within the mean- 
ing of any constitutional or charter provision or statutory 
limitation and that neither shall ever constitute or give rise 
to any pecuniary liability of the City ; and 

Whereas, the City has received from the Borrower a 
supplemental letter of intent dated November 28, 1979 (the 
"Supplemental Letter of Intent"), revising the original 
letter of intent from the Borrower to the City dated July 11, 
1979 (the "Original Letter of Intent"), by requesting that 
the City increase the interest rate on the Bonds from 7% 
per annum to 7%% per annum ; and 

Whereas, due to adverse changes in the industrial de- 
velopment revenue bond market, it is necessary to increase 
the interest rate on the Bonds authorized by Ordinance No. 
1162, as supplemented by this Ordinance, from 7% per 
annum to 7% % per annum ; and 

Whereas, no Bonds have yet been issued, sold or de- 
livered pursuant to Ordinance No. 1162 ; and 

Whereas, the City has detennined, based upon the find- 
ings and determinations hereinafter set forth, that it is in 
the best interests of the citizens of Baltimore, Maryland, 
for the City to authorize an increase in the interest rate on 
the Bonds, as requested. 



ORDINANCES 5 

NOW, THEREFORE, PURSUANT TO AND IN AC- 
CORDANCE WITH THE PROVISIONS OF THE ACT: 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That it is hereby found and determined as 
follows : 

(1) The acquisition of the Industrial Building by the 
Borrower and the financing' thereof as provided in this Ordi- 
nance and in Ordinance No. 1162 will promote the declared 
legislative purposes of the Act by (a) sustaining jobs and 
employment, thus relieving conditions of unemployment in 
the State of Maryland and in Baltimore City; (b) encourag- 
ing the increase of industry and the creation of a balanced 
economy in the State of Maryland and in Baltimore City; 
(c) assisting in the retention of existing industry in the 
State of Maryland and in Baltimore City; (d) promoting 
economic development; and (e) promoting the health, wel- 
fare and safety of the residents of the State of Maryland 
and Baltimore City. 

(2) Neither the Bonds nor the interest thereon shall 
ever constitute an indebtedness or general obligation of the 
City or a charge against, or pledge of the general credit or 
taxing powers of the City, within the meaning of any con- 
stitutional or charter provision or statutory limitation, and 
neither shall ever constitute or give rise to any pecuniary 
liability of the City. The Bonds and the interest thereon shall 
be limited obligations of the City, repayable by the City 
solely from the revenue derived from Loan repayments 
(both principal and interest) made to the City by the Bor- 
rower on account of the Loan and from any other moneys 
made available to the City for such purpose. 

(3) All of the findings and determinations set forth in 
Section 1 of Ordinance No. 1162 are hereby ratified and 
confirmed, except to the extent that any of such findings or 
determinations may be modified by the foregoing findings 
and determinations of this Section. 

Sec. 2. And he it further ordained, That the Mayor of the 
City is hereby authorized and directed to accept the Supple- 
mental Letter of Intent on behalf of the City. 



6 ORDINANCES Ord. No. 1 

Sec. S. And be it further ordained, That each of the Bonds 
authorized by Ordinance No. 1162, as supplemented by this 
Ordinance, shall bear interest from the date of delivery at 
a rate of interest not exceeding seven and three quarters 
per centum (7%%) per annum, provided, however, that 
during any period which the interest payable on the Bonds 
is for any reason includible in the gross income (as defined 
in Section 61 of the Internal Revenue Code of 1954, as 
amended) of any holder of any of the Bonds, as provided in 
Ordinance No. 1162 such Bonds shall bear interest at a rate 
which is at all times equal to the commercial prime rate of 
interest in effect at Maryland National Bank from time to 
time plus one per centum (1%) per annum; provided 
further that the exact rate or rates of interest shall be 
deteiTnined by negotiation by the Original Purchaser of the 
Bonds and shall be prescribed by the Board in the Resolu- 
tion (within the limits herein prescribed). Interest on the 
Bonds shall be payable semi-annually on dates to be pre- 
scribed by the Board in the Resolution and shall be calcu- 
lated on the basis of a 360-day year factor applied to actual 
days elapsed. The principal of the Bonds shall be payable 
in semi-annual installments on dates and in amounts to be 
prescribed by the Board in the Resolution. 

Sec. 4. And be it further ordained. That except as pro- 
vided in the foregoing provisions of this Ordinance, all 
of the terms and provisions of Ordinance No. 1162 are 
hereby ratified and confirmed and shall remain in full force 
and effect. 

Sec. 5. And be it further ordained, That the provisions of 
this Ordinance are severable, and if any provision, sentence, 
clause, section or part hereof is held illegal, invalid or un- 
constitutional or inapplicable to any person or circum- 
stances, such illegality, invalidity or unconstitutionality, 
or inapplicability shall not affect or impair any of the re- 
maining provisions, sentences, clauses, sections, or parts 
of this Ordinance or their application to other persons or 
circumstances. It is hereby declared to be the legislative in- 
tent that this Ordinance would have been passed if such 
illegal, invalid or unconstitutional provision, sentence, 
clause, section or part had not been included herein, and if 
the person or circumstances to which this Ordinance or any 



ORDINANCES 7 

part hereof are inapplicable had been specifically exempted 
herefrom. 

Sec. 6. And be it further ordained, That ttjfs Ordinance 
shall take effect from the date of its passage. C^ 

Approved January 26, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 2 
(Council No. 32) 

AN ORDINANCE concerning 

CITY PROPERTY— SALE 

FOR the purpose of authorizing the Mayor and City Council 
of Baltimore to sell either at public or private sale all the 
interest of the Mayor and City Council of Baltimore in 
and to a certain parcel of land and improvements no 
longer needed for public use located in a portion of the 
former bed of Lancaster Street about 335.16' East of 
Wolfe Street, containing 202 square feet of land, more 
or less, Baltimore, Maryland. 

BY authority of 

Article V — Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be and 
he is hereby authorized to sell at either public or private 
sale in accordance with Article V Section 5(b) of the City 
Charter, all of the interest of the Mayor and City Council 
of Baltimore in and to that parcel of land situate in Balti- 
more, Maryland, and described as follows: 

Beginning for the same on the South side of Lancaster 
Street, 40 feet wide, now closed by Ordinance No. 1177 of 
the Mayor and City Council of Baltimore Approved July 2, 
1954 and Ordinance No. 1308 of Mayor and City Council 



8 ORDINANCES Ord. No. 3 

of Baltimore Approved January 4, 1955 at the distance of 
335.16 feet Easterly from the East side of Wolfe Street, 
60 feet wide and running thence, binding on said South side 
of Lancaster Street, now closed, Easterly 15.69 feet to the 
West side of the Westernmost wall of a brick boiler house 
there situate ; thence, binding on the West side of said wall, 
Northerly 12.87 feet to the Northwest comer of said boiler 
house; thence, by a line drawn in a Westerly projection of 
the North side of the Northernmost wall of said boiler 
house, Westerly 15.74 feet to intersect the West side of the 
West wall of the brick building erected on the land adjoining 
the land now being described to the Northward at a point 
distant 1.00 foot Northerly from the Southwest comer 
thereof and thence, binding on the Southernmost 1.00 foot 
of said wall and continuing the same direction parallel \nth 
Wolfe Street, in all 12.87 feet to the place of beginning. 

Containing 202 square feet of land. 

Being part of the bed of Lancaster Street as closed under 
Ordinance No. 1308 of Mayor and City Council of Baltimore 
Approved January 4, 1955. 

Said property being no longer needed for public use. 

Sec. 2. Be it further ordained, That no deed or deeds 
shall pass in accordance herewith until the same shall have 
been first approved by the City Solicitor. 

Sec. 3. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved January 26, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 3 

(Council No. 47) 

AN ORDINANCE concerning 

MIDFA LOAN TO MAYOR AND CITY COUNCIL OF 

BALTHMORE FOR THE BENEFIT OF MARTIN 

GILLET & CO., INC. 



ORDINANCES 9 

FOR the purpose of authorizing Mayor and City Council of 
Baltimore to borrow, as a limited obligation and not upon 
the full faith and credit of Mayor and City Council of 
Baltimore, in accordance with the Maryland Industrial 
Development Financing Authority Act, a sum of money 
not to exceed $2,500,000.00, to use such money for the 
purpose of defraying a portion of the costs of acquiring 
a certain industrial project (within the meaning of such 
Act) consisting of the acquisition of a certain parcel of 
land containing approximately 7.322 acres located in the 
6800 Block of Eastern Avenue, in both Baltimore City, 
Maryland and Baltimore County, Maryland (but primarily 
in Baltimore City, Maryland, being the property known 
as 6801 Eastern Avenue), together with the various im- 
provements located thereon, including (among other struc- 
tures situate thereon) the two story brick warehouse 
containing approximately 72,000 square feet, and includ- 
ing the railroad sidings located thereon, the renovation 
and improvement of the aforementioned two story brick 
building and appurtenances and the acquisition and in- 
stallation therein of certain manufacturing machinery and 
equipment, all for the use and occupancy by Martin Gillet 
& Co., Inc., a Maryland corporation; authorizing the 
Mayor and other appropriate officials of the City to exe- 
cute any and all documents necessary to effectuate and to 
secure payment of the aforesaid borrowing and acquisi- 
tion; conferring and imposing upon the Department of 
Housing and Community Development certain powers and 
duties and providing that Martin Gillet & Co., Inc. shall 
agree to submit certain renovation and alteration plans 
and specifications to, and coordinate with, the Department 
of Housing and Community Development in connection 
with the acquisition and improvement of such industrial 
project and the acquisition and installation of manu- 
facturing machinery and equipment; and generally pro- 
viding for and determining various matters and details 
in connection with such borrowing and acquisition. 

BY authority of 

Article 41 of the Annotated Code of Maryland (1978 
Replacement Volume and 1979 Cumulative Supplement), 
as amended (the ''MIDFA Act'*), Sections 266J through 
266CC. 



10 



ORDINANCES 



Ord. No. 3 



RECITALS 

Whereas, Ordinance No. 1022, approved November 24, 
1975, was enacted transferring all the duties and respon- 
sibilities of Baltimore City Economic Development Com- 
mission to the Department of Housing and Community- 
Development, thereby vesting in such Department certain 
powers and duties to be exercised in connection with aid- 
ing the industrial growth of Baltimore City; and 

Whereas, Mayor and City Council of Baltimore (the 
"City") has received a Letter of Intent dated August 
23, 1979 (the "Letter of Intent") from Martin Gillet 
& Co., Inc., a Maryland coi-poration (the "Company"), 
requesting the City to participate in the financing of the 
acquisition of a certain industrial project (the "Indus- 
trial Project") to be located in both Baltimore City, Maiy- 
land and Baltimore County, Maryland (but primarily in 
Baltimore City, Maryland) and being more particularly 
described herein, by bon^owing from the Union Trust 
Company of iMaryland, a I\Iaryland banking coii^oration 
(the "Bank"), a sum of money not to exceed $2,500,000.00 
(the "Loan"), pursuant to Sections 266 J through 266CC, 
inclusive, of Article 41 of the Annotated Code of Maryland 
(1978 Replacement Volume and 1979 Cumulative Supple- 
ment), as amended (the "MIDFA Act") ; and 

Whereas, Section 266W(a) of the MIDFA Act pro- 
vides, among other things, that a municipality of the 
State of Maryland, notwithstanding the provisions of 
any charter and \^ithout in any event pledging its full 
faith and credit in support of a mortgage, is fully en- 
abled and empowered to borrow money and to execute 
a mortgage as security for the pui-pose of defraying the 
cost of acquiring anj^ industrial project approved by the 
Marvland Industrial Development Financing Authority 
("MIDFA") ; and 

Whereas, Section 266W(a) of the MIDFA Act also 
provides that the funds to be boiTowed by the munici- 
pality shall be utilized in connection with a "bona fide 
industrial project" as e\'idenced by a letter of intent or 
similar agreement between the prospective industrial 
project applicant and the municipality borrowing the 
money; and 



J 



ORDINANCES 11 

Whereas, MIDFA, at its December 20, 1979 meeting, 
approved the Industrial Project and the loan and has 
agreed to insure a portion of the mortgage payments (as 
defined in the MIDFA Act) , as set forth in the letter from 
MIDFA to the Company (the "MIDFA Ck)mmitment 
Letter") ; and 

Whereas, the City has determined, based upon the find- 
ings and determinations hereinafter set forth, that it is in 
the best interests of the citizens of Baltimore City that 
the City accept the Letter of Intent and participate in the 
financing of the Industrial Project. 

NOW, THEREFORE, PURSUANT TO AND IN AC- 
CORDANCE WITH THE PROVISIONS OF THE MIDFA 
ACT: 

Section 1. Be it ordained by Mayor and City Council 
of Baltimore, That it is hereby found and determined as 
follows : 

(a) The financing of the acquisition of the Industrial 
Project (including that portion of the Industrial Project 
which is located in Baltimore County, Maryland and which 
portion is found and determined to be an integral part of the 
Industrial Project and necessary for the successful opera- 
tion of the Industrial Project) will fulfill and accomplish 
the declared purpose of the MIDFA Act, which is to pro- 
mote the expansion and diversification of industry, to avoid 
the relocation of industry from the State of Maryland, to 
increase employment, and to provide a larger taxable base 
for the economy of the State of Maryland, resulting in new 
and expanded industrial enterprises to provide enlarged 
opportunities for gainful employment by the people of 
Maryland, and thus to insure the preservation and better- 
ment of the economy of the State of Maryland ; and, accord- 
ingly, it is in the best interests of the citizens of Baltimore 
City that the City participate in the financing of the ac- 
quisition of the Industrial Project; 

(b) The Industrial Project is an "industrial project," as 
defined in Section 266-0(3) of the MIDFA Act, and, as 
evidenced by the Letter of Intent, the funds to be borrowed 
by the City (to finance the acquisition of the Industrial 
Project) will be utilized in connection with the acquisition 



12 ORDINANCES Ord. No. 3 

of a "bona fide industrial project," as mentioned in Sec- 
tion 266W(a) of the MIDFA Act, for use and occupancy by 
the Company, which is a "prospective industrial project 
applicant," as mentioned in Section 266W(a) of the MIDFA 
Act; and 

(c) MIDFA has approved the Industrial Project and the 
Loan as set forth in the MIDFA Commitment Letter and 
has agreed to insure a portion of the mortg^age payments 
(as defined in the MIDFA Act) upon terms and conditions 
to be set forth in an Insurance Agreement to be executed by 
the City, the Bank and MIDFA, for form and substance 
of which shall be approved by the Board of Estimates of the 
City, as hereinafter provided. 

Sec. 2. And be it further ordained, That the City be and 
it is hereby fully authorized and empowered to borrow 
from the Bank a sum of money not to exceed $2,500,000.00 
(the "Loan") for a term not to exceed twenty (20) years 
for the amortization of the loan at a rate of interest which 
shall not exceed nine per cent (9%) per annum, except in 
the event that it is at any time determined that such interest 
is for any reason not exempt from Federal Income Taxes. 
If at any time it is determined that such interest is not 
exempt from Federal Income Taxes, the rate of interest 
payable on the Loan shall be increased, retroactively and 
prospectively, to a rate of interest not to exceed fourteen 
per cent (14%) per annum. Interest shall be calculated on 
the basis of a 360-day year factor applied to actual days 
elapsed. 

Sec. 3. And be it further ordained, That the City cause 
the proceeds of the Loan to be used for the purpose of de- 
fraying a portion of the costs of acquiring the Industrial 
Project, which Industrial Project, and the acquisition there- 
of, will consist of (a) acquiring a parcel of land containing 
approximately 7.322 acres located in the 6800 Block of 
Eastern Avenue, both in Baltimore City, Maryland and 
Baltimore County, Maiyland (but primarily in Baltimore 
City. I\Taryland), being the property known as 6801 Eastern 
Avenue (the "Land"), together with the improvements 
thereon, including a two story brick warehouse and contain- 
ing approximately 72,000 square feet (the "Building"), 



ORDINANCES 13 

(b) renovating the Building and appurtenances (the ''Reno- 
vations"), (c) purchasing and installing certain machinery 
and equipment therein (the ''Equipment"), and (d) ac- 
quiring such rights in land as may be necessary or suitable 
for the foregoing, including roads and rights of access, 
parking, utilities and other necessary site preparation and 
facilities, all for use and occupancy by the Company as a 
warehouse, distribution center, office and facility for the 
manufacture of food products. 

Sec. 4. And be it further ordained, That the City either 
(a) acquire the Industrial Project and lease the same to 
the Company, or (b) to the extent permitted by the MIDFA 
Act, as amended from time to time, lend the proceeds of the 
Loan to the Company, which shall use the proceeds of the 
Loan for the sole purpose of acquiring the Industrial Project 
for its own use and occupancy. 

Sec. 5. And be it further ordained, That, as described 
generally in the Letter of Intent and as contemplated by 
the MIDFA Act: 

(a) The Loan will be secured by a mortgage or deed of 
trust, or by an assignment of mortgage or deed of trust, 
covering the Industrial Project; but the City shall, in no 
event pledge its full faith and credit, and the Loan, and the 
interest thereon, will be repaid by the City solely from pay- 
ments to be made by the Company to the City pursuant to 
the Loan Documents (hereinafter defined) and from any 
other moneys made available to the City for such purpose 
and permitted by the MIDFA Act ; 

(b) The Company will make payments under the Loan 
Documents sufficient to pay (i) the principal of and interest 
on the Loan, (ii) all taxes and payments in lieu of taxes, and 
(iii) any expenses incurred by the City in connection with 
the administration of the Loan, all as the same become due 
and payable; and 

(c) Any costs of acquiring the Industrial Project in 
excess of the proceeds of the Loan will be paid by the Com- 
pany. 

Sec. 6. And be it further ordained, That the City will 
not incur any liability, direct or indirect, or any cost, di- 



14 ORDINANCES Ord. No. 3 

rect or indirect, in connection wath the aforesaid bor- 
rowing or the acquisition of the Industrial Project, and 
the Industrial Project will be acquired so as to conform to 
the requirements of the Compan\^; accordingly, the Com- 
pany shall (i) select and work \\'ith the suppliers and con- 
tractors which will make the Renovations, and will ne- 
gotiate and approve all contracts, construction plans and 
specifications, and financing arrangements in connection 
^vith the acquisition of the Industrial Project, and (ii) pay 
all necessaiy costs incurred by or on behalf of the City in 
connection with the aforesaid financing, including the 
administration thereof, and in connection with the acquisi- 
tion of the Industrial Project, including (without limita- 
tion) all costs incurred in connection with the development 
of the appropriate legal documents necessar>^ to effectuate 
the proposed financing and acquisition, including (without 
limitation) the fees of legal counsel and compensation to 
any other person performing services by or on behalf of 
the City in connection with the transactions contemplated 
by this Ordinance, whether or not the proposed financing 
and acquisition are consummated. 

Sec. 7. And be it further ordained, That in connection 
\^ath the boiTowing and the acquisition described in this 
Ordinance, the Mayor and other appropriate ofl!icials of 
the City of Baltimore are hereby autiiorized and em- 
powered : 

(i) To accept the Letter of Intent in order to materially 
induce the Company to pursue the transactions described 
therein and to further evidence the commitment of the 
City to participate in the financing of the acquisition of 
the Industrial Project: 

(ii) To execute and to accept such other documents, in- 
struments and certificates as are necessan^ or appropriate 
to evidence and secure the obligation of the Company to 
make payments to the City sufficient to pay the principal 
of and interest on the Loan and to consummate the Loan 
and the acquisition of the Industrial Project, including, 
but not limited to, any and all leases, loan agreements, 
financing agreements, mortgages, deeds of trust, notes, as- 
signments, security agreements, and any and all necessary 



ORDINANCES 15 

financing statements, the form and substance of all of 
which (other than financing statements and other cus- 
tomary closing certificates and documents) shall be ap- 
proved by the Board of Estimates as hereinafter pro- 
vided. (All of such documents, instruments and certifi- 
cates are herein collectively referred to as the "Loan 
Documents/') 

Sec. 8. And he it further ordained, That, notwith- 
standing anything contained in this Ordinance or in any 
document authorized herein to be executed, or the execu- 
tion and delivery of any document authorized herein, 
neither the full faith and credit nor the taxing power of 
the City shall be deemed to be pledged hereby, and the 
City shall at no time be required to exercise its taxing 
power in order to implement the transactions authorized 
hereby. Nothing contained in this Ordinance shall be 
deemed or construed in any way to create or constitute a 
debt of the City within the meaning of any constitutional, 
statutory or other debt limitation provision, or to con- 
stitute any act or purpose other than that contemplated 
by the MIDFA Act. Neither the Loan to be made to the 
City by the Bank nor the interest thereon shall ever con- 
stitute an indebtedness or a charge against the general 
credit or taxing powers of the City, \vithin the meaning 
of any constitutional or charter provision or statutory 
limitation, and neither shall ever constitute or give rise to 
any pecuniary liability of the City. 

Sec. 9. And be it further ordained, That the terms and 
provisions and form and substance of any and all docu- 
ments and instruments to be executed or entered into by 
the City in connection with the transactions authorized 
by this Ordinance, other than customary closing certifi- 
cates and documents and financing statements, shall be 
approved by the Board of Estimates of the City prior to 
the execution and delivery thereof by the Mayor of the 
City. IF THE COMPANY SHALL REQUEST, THE CITY 
IS AUTHORIZED AND EMPOWERED TO BORROW 
THE LOAN FROM THE BANK IN ONE OR MORE 
LOANS EACH OF WHICH MAY BE SECURED BY 
ALL OR PART OF THE INDUSTRIAL PROJECT AS 
THE BOARD OF ESTIMATES SHALL APPROVE. 



16 ORDINANCES Ord. No. 3 

Sec. 10. And be it further ordained, That any and all 
necessary financing statements required for the consum- 
mation of the transactions authorized by this Ordinance 
may be executed on behalf of the City by the Mayor of 
the City or by the Chief of the Bureau of Treasury Man- 
agement of the City or by such other appropriate official 
of the City of Baltimore as may be designated by the 
Mayor of the City to execute such financing statements. 

Sec. 11. And he it further ordained, That the Depart- 
ment of Housing and Community Development is hereby 
fully authorized and empowered, for the purpose of this 
Ordinance only: 

(a) To promote, make investigations, conduct prelimi- 
nary negotiations, and do any and all other things neces- 
sary and proper to expedite the consummation of the 
transactions authorized by this Ordinance, all pursuant 
and subject to the provisions of the Charter of Baltimore 
City; and 

(b) After the transactions authorized by this Ordinance 
have been fully consummated, the Department of Housing 
and Community Development shall do any and all other 
things necessary, proper or expedient to assure the full 
performance by the Company of any and all of the terms 
and provisions in any and all agreements entered into 
between the City and the Company, all of which shall be 
subject to the provisions of the Charter of Baltimore City. 

Sec. 12. And he it further ordained. That the Company 
shall agree, in the Loan Documents, that : 

(a) It will submit any plans and specifications for the 
Renovations to the Department of Housing and Com- 
munity Development for approval. 

(b) It understands that, in addition to the economic 
feasibility of the acquisition of the Industrial Project, the 
Department of Housing and Community Development may 
consider, without limitation, the suitability^ of the site 
plan, architectural treatment, building plans, elev^ations, 
materials, color, construction details, access, parking, 
loading, landscaping, identification signs, exterior lighting, 
refuse collection details, streets, sidewalks, and harmony 



ORDINANCES 17 

between the plans and the surrounding's of the proposed 
Industrial Project; and that the Department of Housing 
and Community Development may refuse approval of any 
plans and specifications for aesthetic or functional reasons. 

(c) It and its developers will work with the design 
advisory group appointed by the Department of Housing 
and Community Development in order to achieve high 
quality site, building, and landscape design. 

(d) It will not violate any State or Federal laws or 
regulations (1) prohibiting discrimination on the basis 
of race, sex, religion, etc., or (2) concerning protection of 
the environment. 

Sec. 13. And be it further ordained, That this Ordinance 
is passed as official action by the City for the purpose of 
materially inducing the Company to pursue the trans- 
action described in the Letter of Intent and the Letter of 
Intent is to be accepted as further evidence of such 
official action. 

Sec. 14. And he it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved February 6, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 4 
(Council No. 1) 

AN ORDINANCE concerning 

CITY PROPERTY— SALE 

FOR the purpose of authorizing the Mayor and City Council 
of Baltimore to sell at either public or private sale all of 
the interest of the Mayor and City Council of Baltimore 
in and to a certain parcel PARCELS of land and im- 
provements no longer needed for public use, kno\vn as 



18 ORDINANCES Ord. No. 4 

tot 4 LOTS 1 AND lA, as shown on Plat Number 
321-A-28A, entitled "FINAL SUBDIVISION PLAT— 
201 WARREN AVENUE", prepared by the Surveys 
and Record Division and filed in the Office of the De- 
pailment of Public Works, on the Fifth (5th) day of 
November, 1979, and now on file in said office, being a 
portion of 201 Warren Avenue, Baltimore, Maryland, 
containing 142,194.75 square feet or 3.2644 acres of land, 
more or less. 

BY authority of 

Article V — Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be 
and he is hereby authorized to sell at either public or pri- 
vate sale in accordance with Article V, Section 5(b) of the 
City Charter, all of the interest of the Mayor and City 
Council of Baltimore in and to a certain parcel of land and 
improvements COMPRISING LOTS 1 AND lA situate in 
Baltimore, Maryland, and described as follows : 

Beginning for the same at the point formed by the inter- 
section of the east side of William Street, vaiying in width, 
and the south side of Warren Avenue, as now laid out 82.5 
feet wide, and running thence binding on the south side 
of said Warren Avenue, North 87°-30'-20" East 478.22 feet 
to intersect the west side of Riverside Avenue, varying in 
width; thence binding on the west side of said Riverside 
Avenue, South 04°-27'-00" East 181.68 feet to the west side 
of Riverside Avenue, as now laid out 50 feet wide; thence 
binding on the west side of last said Riverside Avenue, 
South 06°-23'-00" East 209.27 feet to intersect the north 
side of Grindall Street, as now laid out 25 feet wide; thence 
binding on the north side of said Grindall Street, South 
82°-36'-30" West 121.01 feet to the division line between the 
parcel of land being herein described known as Lot 1 and 
the parcel of land adjoining on the west thereof known as 
Lot 2, all as shown on the final subdivision plan of the De- 
partment of Housing and Community Development, 201 
Warren Avenue recorded or intended to be recorded among 



ORDINANCES 19 

the Land Records of Baltimore City immediately prior 
hereto; thence binding on said division line between said 
Lot 1 and said Lot 2, North 06°-23'-00" West 157.34 feet 
to another division line between said Lot 1 and said Lot 2; 
thence binding on last said division line between said Lot 1 
and said Lot 2, South 81°-42'-20" West 350.39 feet to inter- 
sect the northeast side of said William Street, and thence 
binding on the northeast and east sides of said William 
Street, the two following courses and distances; namely, 
North 21°-58'-50" West 51.46 feet and North 02°-53'-40" 
West 230.62 feet to the place of beginning. 

Containing 142,194.75 square feet or 3.2644 acres of 
land, more or less. 

All courses and distances in the above description are re- 
ferred to the true meridian as adopted by the Baltimore 
Survey Control System. ^ 

V 

The said tot i LOTS 1 AND lA, being a portion of 201 
Warren Avenue, as directed to be sold, being delineated 
and particularly shown on Plat Number 321-A-28A, en- 
titled "FINAL SUBDIVISION PLAT— 201 WARREN 
AVENUE", which was filed in the Office of the Department 
of Public Works on the Fifth (5th) day of November, 1979, 
and is now on file in said Office. 

Said property being no longer needed for public use. 

Sec. 2. And be it further ordained, That no deed or deeds 
shall pass in accordance herewith until the same shall have 
been first approved by the City Solicitor. 

Sec. 3. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1980. 

WILLIAM DONALD SCHAEFER, Mayor, 



20 ORDINANCES Ord. No. 5 

No. 5 
(Council No. 45) 

AN ORDINANCE concerning 

ISSUANCE OF INDUSTRIAL DEVELOPMENT 
REVENUE BONDS— GAP CORPORATION 

FOR the purpose of authorizing- and providing for the is- 
suance from time to time, by The Mayor and City Coun- 
cil of Baltimore, Maryland of its revenue bonds, desig- 
nated ''Industrial Development Revenue Bonds (GAF 
Corporation Project) " in an aggregate principal amount 
not exceeding $3,500,000 pursuant to the provisions of 
Sections 266A through 266-1, inclusive, of Article 41 of 
the Annotated Code of Maryland (1978 Replacement 
Volume and 1979 Cumulative Supplement) in order to 
loan the proceeds to GAF Corporation, a Delaware cor- 
poration, for the sole and exclusive purpose of financing 
the acquisition of certain industrial facilities in the City 
of Baltimore as provided in this ordinance; making cer- 
tain legislative findings, among others, concerning the 
public benefit and purpose of the revenue bonds; pro- 
viding that such revenue bonds (a) shall be payable 
solely and only from revenue derived from pajonents to 
the City on account of such loan and (b) shall not ever 
constitute within the meaning of any constitutional or 
chai-ter provision or othenvise (i) an indebtedness of 
Mayor and City Council of Baltimore, or any other politi- 
cal subdivision or (ii) a charge against the general credit 
or taxing powers of such City; providing that this ordi- 
nance shall constitute a binding and enforceable commit- 
ment by such City to issue the revenue bonds so au- 
thorized; authorizing the private sale of such revenue 
bonds ; providing that certain matters pertaining to such 
revenue bonds, including (without limitation) amounts 
and dates of any series of such revenue bonds, shall be 
determined administratively at or prior to the time of 
such private sale of any series of such revenue bonds; 
delegating various matters to the Board of Finance of 
the City; including (without limitation) the sale of any 
series of such revenue bonds, the establishment of the in- 
terest rate or rates at the time of such private sale and 



I 



ORDINANCES 21 

the appointment of a trustee to act under the ordinance 
as a trustee for all moneys received by the City here- 
under; providing that there shall be determined by resolu- 
tion or by other appropriate action all other matters per- 
taining to the issuance, sale and delivery of any series of 
such revenue bonds, including (without limitation) the 
provisions of trust between the City and the trustee, the 
execution of a loan agreement, the creation of a loan or 
construction fund to be held by the trustee and provision 
for its disbursement, provision for the investment of 
moneys held by the trustee, provision of remedies for 
bondholders in the event of default, and provision for the 
enactment of supplemental ordinances and resolutions; 
providing that the authorization of such revenue bonds 
shall expire if such revenue bonds are not issued and sold 
within six months from the date on which this ordinance 
is approved, unless such authorization is extended by the 
Board of Finance for an additional term not to exceed 
six months; and generally providing for and determining 
various matters in connection with the authorization, is- 
suance, security, sale and payment of such revenue bonds. 

RECITALS 

Sections 266A through 266-1, inclusive, of Article 41 of 
the Annotated Code of Maryland (1978 Replacement Vol- 
ume and 1979 Cumulative Supplement), as re-enacted, 
with amendments, by Chapter 352 of the Laws of Mary- 
land of 1972 and as amended by Chapter 396 of the Laws 
of Maryland of 1973, Chapter 342 of the Laws of Mary- 
land of 1975, Chapter 421 of the Laws of Maryland of 

1976, Chapters 348 and 528 of the Laws of Maryland of 

1977, Chapters 816, 945, 946, and 953 of the Laws of 
Maryland of 1978, and Chapters 492, 511, 704, 726, and 
731 of the Laws of Maryland of 1979 (collectively, the 
"Enabling Legislation") constitute those provisions of 
Maryland law authorizing the issuance of industrial 
revenue bonds by all the counties and municipalities of 
the State of Maryland (the "State") . 

The Enabling Legislation now empowers the counties 
and municipalities of the State (including the Mayor and 
City Council of Baltimore) to issue revenue bonds and to 
loan the proceeds of the sale of such revenue bonds to an 



22 



ORDINANCES 



Ord. No. 5 



"industrial concern" to finance the "acquisition" by such 
concern of "industrial buildings" and "pollution control 
facilities", as those terms are defined in the Enabling 
Legislation. The Enabling Legislation declares it to be the 
legislative purpose to relieve conditions of unemployment 
in the State, to encourage the increase of industry and a 
balanced economy in the State, to assist in the retention 
of existing industry in the State, to promote economic 
development, and in this manner to promote the health, 
welfare, and safety of the residents of each of the counties 
and municipalities of the State. 

Mayor and City Council of Baltimore (the "City") has 
determined to issue and sell not exceeding $3,500,000 
aggregate principal amount of its revenue bonds, here- 
inafter designated "Industrial Development Revenue 
Bonds (GAF Corporation Project)" (the "Bonds") and 
to loan the proceeds of such Bonds to GAF Corporation, 
a Delaware corporation and an industrial concern as men- 
tioned in the Enabling Legislation (the "Company") , on 
the terms and conditions to be set forth in a loan agree- 
ment executed pursuant to this ordinance (the "Loan 
Agreement") in order to finance the acquisition of certain 
industrial facilities in the City as described below (the 
"Facilities"). 

The Facilities consist of air pollution control facilities 
and machinery and equipment necessary or useful for the 
operation of the Company's asphalt roofing products 
manufacturing plant located at 1500 South Ponca Street 
in the City of Baltimore, together with the improvement 
and expansion of the roofing mill and adjacent building 
at that plant. 

The Company has developed estimates of the cost of ac- 
quisition of the Facilities based on existing technology 
and regulations together with presently available studies, 
cost data and other relevant information. Experience in 
the financing and acquisition of such facilities has demon- 
strated that developing technologj% changing require- 
ments of Federal and State regulatory agencies, chang- 
ing economic circumstances and substantial inflation in 
acquisition costs, among other matters, often render the 
initial estimate of the cost of such facilities inadequate. 



ORDINANCES 23 

Accordingly, the City has determined to authorize the is- 
suance of the Bonds in an amount exceeding the presently 
estimated cost of the acquisition of the Facilities, with the 
intention that no series of Bonds shall be issued pursuant 
to this ordinance in an amount in excess of the cost of 
the Facilities being financed by such Bonds as estimated 
at the time of the issuance of such Bonds. (Such cost may 
include, without limitation, underwriting discount, in- 
terest during construction, if any, and financing costs 
such as fees of attorneys, accountants and other con- 
sultants.) 

This ordinance authorizes a transaction which the 
Company proposed to the City by a letter of intent dated 
November 19, 1979, in accordance with Section 266B (d) 
of the Enabling Legislation. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, that, acting pursuant to the Enabling Legisla- 
tion, it is hereby found and determined, as follows : 

( 1 ) The issuance of revenue bonds by the City pursuant 
to the Enabling Legislation in order to loan the proceeds to 
the Company for the sole and exclusive purpose of acquiring 
the Facilities will facilitate and expedite the acquisition of 
the Facilities by the Company ; 

(2) The accomplishment of the transactions contem- 
plated and authorized by this ordinance, including (without 
limitation) the acquisition of the Facilities by the Company 
and the financing thereof will (i) sustain and increase jobs 
and employment, thereby relieving conditions of unemploy- 
ment in the State and in the City; (ii) encourage the in- 
crease of industry and a balanced economy in the State 
and in the City; (iii) assist in the retention of existing 
industry in the State and in the City; (iv) promote eco- 
nomic development; (v) reduce pollution of the environ- 
ment and protect natural resources; and (vi) promote the 
health, welfare and safety of the residents of the City and 
of the State. 

(3) In addition to authorizing the City itself to acquire 
and either to lease or to sell such facilities to an industrial 
concern, the Enabling Legislation, as an alternative pro- 
cedure, authorizes financing of the Facilities to be accom- 



24 ORDINANCES Ord. No. 5 

plished in the form of a loan to the Company. The loan form 
of transaction avoids indirect costs and burdens on the 
City by not requiring any direct involvement by the City in 
the acquisition, ownership or administration of such facili- 
ties; however, it permits controls to be imposed on the use 
of the proceeds of the Bonds to insure that the public pur- 
poses of the Enabling Legislation and the Bonds are fully 
accomplished. It is, therefore, in the best interests of the 
citizens of the City to finance the Facilities by a loan to 
the Company. This ordinance contemplates and authorizes 
a transaction in the form of a loan of the proceeds of the 
Bonds by the City to the Company, rather than a trans- 
action in the form of a lease or sale of the Facilities. Accord- 
ingly, this ordinance and the Loan Agreement hereby au- 
thorized contain such provisions as the City deems appro- 
priate to effect the financing of the Facilities by the loan 
foiTn of transaction. 

(4) Neither the Bonds nor interest coupons issued 
under the authority of the Enabling Legislation constitute 
an indebtedness of the City or a charge against the general 
credit or taxing powers of the City within the meaning of 
any constitutional provision or provisions of the City 
Charter or statutory limitation and shall never constitute 
or give rise to any pecuniary liability of the City. The prin- 
cipal amount of the loan and the payments to be made by the 
Company pursuant to the Loan Agreement will be paid 
directly to, and will be disbursed by, the independent 
trustee appointed by the Board of Finance of the City pur- 
suant hereto; no such moneys will be commingled with the 
City's funds or be subject to the absolute control of the 
City but only to such limited supervision and checks as are 
deemed necessary or desirable to insure that the proceeds of 
the Bonds are used to accomplish the public purposes of the 
Enabling Legislation and this ordinance. The Enabling 
Legislation provides that a loan form of transaction there- 
under shall not constitute a capital project within the mean- 
ing of any charter or statutoiy provision. The public pur- 
poses expressed in the Enabling Legislation are intended to 
be achieved by facilitating the acquisition of the Facilities 
by the Company. 

(5) The City will acquire no interest in the Facilities 
either on behalf of the City or for the purpose of creating 



ORDINANCES 25 

any security for the Bonds, which security shall be solely 
and exclusively the absolute, irrevocable, unconditional obli- 
gation of the Company to make the payments required by 
the Loan Agreement. Accordingly, this ordinance definitely 
fixes and deteiTnines that the amount of revenue necessary 
to be set apart and applied to the payment of principal, 
interest and premium of the Bonds shall be the entire 
amount of the receipts and revenues of the City from pay- 
ments under the Loan Agreement except for any rights of 
the City to indemnification and to payments for the City's 
administrative expenses. 

(6) (a) No part or proportion of the receipts and 
revenues of the City from the loan shall be set aside as a 
depreciation account (mentioned in the Enabling Legisla- 
tion) since neither the City nor the holders of Bonds desire, 
or are creating, any interest in the Facilities and such a 
depreciation account would (i) be inconsistent with the 
transactions authorized hereby and (ii) place an unreason- 
able burden on the Company so as to adversely affect the 
feasibility of the transactions and thus frustrate the legisla- 
tive purposes of the Enabling Legislation and (b) a cov- 
enant such as that permitted by Section 266G(c) of the En- 
abling Legislation is similarly inconsistent with the form of 
transaction authorized hereby in which neither the City nor 
the Bondholders obtain or retain an interest in the Facili- 
ties. Such a covenant is, therefore, a procedure which is not 
contemplated by the Enabling Legislation in connection 
with this transaction. 

Sec. 2. And he it further ordained, that this ordinance is 
intended to be. and shall constitute, a binding and enforce- 
able commitment by the City to the Company to issue and 
deliver the Bonds authorized hereby in accordance with the 
terms hereof. It is contemplated that the Company may pro- 
ceed with the acquisition of the Facilities prior to the is- 
suance and delivery of the Bonds authorized hereby in re- 
liance upon the enactment of this ordinance by the City. 

Sec. 3. And he it further ordained, that the issuance, sale 
and deliveiy of not exceeding $3,500,000 aggregate prin- 
cipal amount of revenue bonds, hereby designated ''Indus- 
trial Development Revenue Bonds (GAF Corporation Proj- 
ect)", are hereby authorized, subject to the provisions 



26 ORDINANCES Ord. No. 5 

of this ordinance, such Bonds to be solely and exclusively 
payable from, and secured by, the revenue derived from 
pajTnents on the loan to the Company as provided herein. 
The aggi-eg-ate principal amount of Bonds issued, sold and 
delivered pursuant to this ordinance shall not exceed 
$3,500,000 unless such amount shall be increased by an 
ordinance supplemental hereto. 

The City Council hereby recognizes the function of the 
Mayor and the Board of Finance in making the executive 
and administrative det^nninations necessar\' for the is- 
suance of bonds of the City. It is deemed desirable, however, 
that this Ordinance provide for the determination of certain 
matters by the City Council in connection with the issuance 
of the Bonds unless otherwise prox'ided in this Ordinance. 
This Ordinance, therefore, provides that the City Council or 
the Board of Finance may make certain administrative 
determinations in connection with the issuance and sale of 
the Bonds, such determinations to be effective only after ap- 
proval by the Mayor or Acting Mayor. 

The Bonds authorized by this Ordinance may be issued 
in one or more series, and each such series shall be identified 
by a letter designation, so that the first series (if the is- 
suance of more than one series of Bonds hereunder is then 
contemplated) shall be designated ''Industrial Development 
Revenue Bonds (GAF Corporation Project), Series A". The 
Bonds may be further identified by the year of issue or such 
other appropriate designation as the Cit>' Council may 
deteiTnine by resolution adopted prior to the delivery of the 
Bonds. The aggregate principal amount of Bonds to be 
issued pursuant to this ordinance at any one time shall be 
determined by the City Council by resolution adopted prior 
to the delivery of the Bonds. 

In the event more than one series of Bonds is issued 
hereunder, it is contemplated that a separate series (which 
may be e\ddenced by a single instrument) of notes or other 
obligations of the Company (evidencing the obligation of 
the Company to repay the loan from the City) be issued 
to correspond with, and secure, each separate series of 
bonds issued hereunder. 

The Bonds of a series of Bonds shall be dated as of the 
first day of the month next following the date on which 



ORDINANCES 27 

such series of Bonds is sold unless the City Council shall 
specify a different date in its resolution hereinafter de- 
scribed. Such Bonds shall bear interest at an annual rate or 
rates payable semi-annually following the date of such 
series of Bonds so that, if the Bonds of a series are dated 
July 1, 1980, interest on that series of Bonds will be payable 
on January 1, 1981, July 1, 1981, and semi-annually there- 
after. 

The Bonds of each series of Bonds issued hereunder shall 
mature on such date or dates as may be determined in the 
manner hereinafter described, but the last maturity of any 
such series of Bonds shall in no event exceed a period of 
thirty (30) years from the date of such series of Bonds (or 
such later date as may be permitted under the terms of the 
Enabling Legislation in effect on the date of such series of 
Bonds) . If no maturity or maturities for a series of Bonds 
is determined in the manner hereinafter described, all of 
the Bonds of such series shall mature on the date thirty 
(30) years from the date of such series of Bonds (or such 
later date as may be permitted under the terms of the 
Enabling Legislation in effect on the date of such series of 
Bonds) . 

Sec. 4. And be it further ordained, that, prior to the de- 
livery of any series of Bonds, the City Council shall adopt 
a resolution or resolutions which shall prescribe the prin- 
cipal amount of Bonds to be issued as a series at any one 
time and which shall either prescribe the maturity or 
maturities, the redemption provisions, and the sinking fund 
requirements, if any, for such series of Bonds, or which, as 
an alternative procedure, shall authorize the Board of Fi- 
nance to determine the maturity or maturities, the redemp- 
tion provisions, and the sinking fund requirements, if any, 
for such series of Bonds. 

Prior to the delivery of any series of Bonds, the City 
Council may also adopt a resolution or resolutions which 
may prescribe (i) the date of issue of such series of Bonds, 
(ii) any additional terms necessary or appropriate to reflect 
any matters provided by resolution and (iii) such other 
matters as may be deemed appropriate by the City Council. 

Any resolution or resolutions adopted pursuant to this 
section of this ordinance shall be deemed to be of an admin- 



28 ORDINANCES Ord. No. 5 

istrative nature and shall be effective upon approval by the 
Mayor or Acting Mayor of the City. 

Sec. 5. And he it further ordained, that it is hereby found 
and determined that the best interests of the City will be 
served by selling the Bonds at private sale as authorized 
by the Enabling Legislation, upon the teiTns and conditions 
determined by the Board of Finance as hereinafter author- 
ized. 

Authority is hereby conferred on the Board of Finance 
of the City to take the following actions and to make the 
following commitments on behalf of the City: 

(a) to determine the date, time and place when an un- 
derwriting agreement shall be submitted by the under- 
writers for the Bonds, such underwriting agreement to 
specify the interest rate or rates proposed to be paid on the 
Bonds, the price at which such Bonds are to be sold to such 
undei'\\Titers, and such other matters as the undenvriters 
and such Board of Finance may deem necessary or desirable 
in order to effect the sale and deliver^' of the Bonds; 

(b) to determine the interest rate or rates to be paid 
by the City on the Bonds in accordance with the proposed 
underwriting agreement submitted by the underwriters for 
the Bonds, but only after the Company shall have given the 
City written approval of such rate or rates; 

(c) to appoint a bank having trust powers, or a trust 
company, as trustee for the Bonds to be issued pursuant to 
this ordinance; and 

(d) in order to insure that such Bonds are issued with- 
out direct cost to the City, to pro\ide for the pa\Tnent, 
directly by the Company, of all costs, fees, and expenses 
incurred by or on behalf of the City in connection with the 
issuance of the Bonds, such payments to include (without 
limitation) compensation to any persons performing serv- 
ices by or on behalf of the City in connection \\ith the 
transactions contemplated by this ordinance. 

Authority is hereby conferred on the ]\Iayor or Acting 
Mayor of the City to take the following actions and to make 
the following commitments on behalf of the City: 



ORDINANCES 29 

(a) to execute and deliver a loan agreement by and 
between the City and the Company in the forni determined 
by resolution of the City Council approved by the Mayor or 
Acting Mayor as authorized by Section 7 of this ordinance ; 
and 

(b) to execute and deliver, as a binding and enforceable 
obligation of the City, the underwriting agreement for 
the Bonds by and between the City and the underwriters 
for the Bonds and to proceed to accomplish any and all 
actions necessary or deemed appropriate by either of them 
to issue and deliver the Bonds to such underwriters in 
accordance with the provisions of this ordinance and the 
underwriting agreement. 

Sec. 6. And he it further ordained, that, in authorizing 
the sale of revenue bonds to finance the Facilities for the 
Company pursuant to the Enabling Legislation, the Mayor 
and City Council are hereby empowered to provide that 
the revenue bonds authorized by this ordinance and any rev- 
enue bonds authorized for such purpose by other ordinances, 
may be consolidated and sold as one or more issues or series 
of revenue bonds, without regard to the date of enactment 
of any ordinance authorizing the issuance of such revenue 
bonds. The aggregate principal amount of revenue bonds 
authorized by this ordinance may be increased, from time to 
time, and the description of the Facilities may be supple- 
mented or modified by ordinances supplemental to this ordi- 
nance. Nothing contained in this ordinance is intended to 
require the adoption of an ordinance supplemental to this 
ordinance to authorize the deletion of any one or more items 
of the industrial facilities constituting the Facilities. The 
Mayor and City Council are hereby expressly authorized, in 
their discretion and based upon their determinations from 
time to time, to omit any part of the Facilities from the 
Facilities to be financed by revenue bonds issued pursuant to 
this ordinance. It is the purpose and intent of this section 
that the Mayor and City Council be afforded broad discre- 
tion in the structuring and scheduling of revenue bond is- 
sues, whether authorized by this ordinance or otherwise, 
to finance the Facilities for the Company in order that the 
public purpose of the Enabling Legislation and this ordi- 
nance may be realized. 



30 ORDINANCES Ord. No. 5 

Sec. 7. And be it further ordained, that, prior to the 
sale of any series of Bonds, the City Council may (without 
limitation) determine administratively by resolution or by 
other appropriate action : 

(1) the provisions of trust between the City and the 
trustee ; 

(2) the manner of execution, authentication, registra- 
tion and transfer of the Bonds ; 

(3) provisions for authentication and delivery of the 
Bonds ; 

(4) the provisions of the Loan Agreement between the 
City and the Company; 

(5) the terms of the note or other evidence of the obli- 
gation of the Company issued for each series of Bonds; 

(6) provision for creation, holding and disbursement of 
an escrow fund to be held by the trustee ; 

(7) provisions for creation, holding and disbursement 
of any other funds and accounts to be held by the trustee; 

(8) provisions for the application of receipts and reve- 
nues from the City on account of the loan ; 

(9) provisions for the security for and investment of 
moneys held by the trustee ; 

(10) the details of the procedure for the redemption of 
the Bonds; 

(11) remedies for holders of the Bonds in the event of 
default ; 

(12) the duties, rights and immunities of the trustee; 

(13) the manner of execution of instruments by holders 
of the Bonds and the method of proof of ownership of the 
Bonds; 

(14) provisions for modification of this ordinance, the 
Loan Agreement, and any resolution or other action of the 
Mayor, City Council and Board of Finance pertaining to the 
Bonds; 

(15) provisions for defeasance; 

(16) the forms of the Bonds, coupons and the trustee's 
authentication certificate; and 



ORDINANCES 31 

(17) such other matters in connection with the authori- 
zation, issuance, security, sale and payment of the Bonds as 
may be deemed appropriate by the City Council. 

Any resolution or resolutions adopted pursuant to this 
ordinance shall be deemed to be of an administrative nature 
and shall be effective upon approval by the Mayor or Acting 
Mayor of the City. 

SEC. 8. AND BE IT FURTHER ORDAINED, THAT, 
THE PROVISIONS OF THIS ORDINANCE (INCLUD- 
ING SECTIONS 3, 4, 5 AND 7 HEREOF) CONTEM- 
PLATE THAT PRIOR TO THE SALE OF ANY SERIES 
OF BONDS, CERTAIN MATTERS IN CONNECTION 
WITH THE AUTHORIZATION, ISSUANCE, SECUR- 
ITY, SALE AND PAYMENT OF THE BONDS WILL 
BE DETERMINED ADMINISTRATIVELY BY RESO- 
LUTION OR RESOLUTIONS OF THE CITY COUNCIL. 
IF AND TO THE EXTENT THAT THE CITY COUN- 
CIL HAS NOT ADOPTED A RESOLUTION OR RESO- 
LUTIONS DETERMINING SUCH MATTERS PRIOR TO 
THE DATE ON WHICH AN UNDERWRITING AGREE- 
MENT SHALL BE SUBMITTED BY THE UNDER- 
WRITERS FOR ANY SERIES OF THE BONDS (SUCH 
DATE TO BE DETERMINED BY THE BOARD OF 
FINANCE IN ACCORDANCE WITH SECTION 5 HERE- 
OF) , ALL SUCH MATTERS, OR ANY OF THEM, MAY 
BE DETERMINED BY RESOLUTION OR RESOLU- 
TIONS OF THE BOARD OF FINANCE, WHICH RESO- 
LUTION OR RESOLUTIONS OF THE BOARD OF FI- 
NANCE SHALL BE OF AN ADMINISTRATIVE NA- 
TURE AND SHALL BE EFFECTIVE UPON AP- 
PROVAL BY THE MAYOR OR ACTING MAYOR OF 
THE CITY. 

Sec. S 9. And be it further ordained, that the Company 
shall agree that: 

(a) It will submit any plans and specifications for the 
acquisition of the Facilities to the Department of Housing 
and Community Development for approval, with the under- 
standing that, in addition to the economic feasibility of the 
acquisition of the Facilities, the Department of Housing and 
(Community Development may consider, without limitation, 



32 ORDINANCES Ord. No. 5 

the suitability of any site plan, architectural treatment, 
building plans, elevations, materials, color construction de- 
tails, access, parking, loading, landscaping, identification 
signs, exterior lighting, refuse collection details, streets, 
sidewalks, and harmony between the plans and the surround- 
ings of the proposed Facilities and that the Department of 
Housing and Community Development may refuse approval 
of any such plans and specifications for aesthetic or func- 
tional reasons; and 

(b) It and its developers will work with the design 
advisory group appointed by the Department of Housing and 
Community Development in order to achieve high quality 
site, building, and landscape design. 

Sec. ^10. And be it further ordained, that if the Bonds 
are not issued and sold within six months from the date 
on which this ordinance is approved by the ]\Iayor or Acting 
Mayor of the City, the authorization provided in this ordi- 
nance for the City to issue and sell the Bonds shall expire; 
provided however, that the Board of Finance of the City 
may, after a showing of good cause at a public hearing held 
before the Board of Finance, extend such authorization for 
one additional tenn not to exceed six months. The Board of 
Finance, in its sole discretion, shall determine the sufficiency, 
or lack thereof, of the reasons presented for any requested 
extension of this ordinance. If an extension is granted, notice 
of such extension and the reasons therefor shall be sent to 
the City Council. 

Sec. 40 11. And be it further ordained, that the provisions 
of this ordinance are severable, and if any provision, sen- 
tence, clause, section or part thereof is held illegal, invalid 
or unconstitutional or inapplicable to any pei*son or circum- 
stances, such illegality, invalidity or unconstitutionality, or 
inapplicability shall not aflTect or impair any of the remain- 
ing provisions, sentences, clauses, sections or parts of the 
ordinance or their application to other persons or circum- 
stances. It is hereby declared to be the legislative intent that 
this ordinance would have been adopted if such illegal, 
invalid or unconstitutional provision, sentence, clause, sec- 
tion or part had not been included therein, as if the person 
or circumstances to which the ordinance or any part thereof 
is inapplicable had been specifically exempted therefrom. 



( 



ORDINANCES 33 

Sec. 44 12. And he it further ordained, that this ordi- 
nance shall take effect from the date of its passage. 

Approved February 14, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 6 
(Council No. 46) 

AN ORDINANCE concerning 

ISSUANCE OF INDUSTRIAL DEVELOPMENT 

BONDS— MIDFA LOAN TO MAYOR AND CITY 

COUNCIL OF BALTIMORE FOR THE BENEFIT 

OF THE A. J. SACKETT & SONS COMPANY 

FOR the pui-pose of authorizing Mayor and City Council 
of Baltimore to borrow, as a limited obligation and not 
upon the full faith and credit of Mayor and City Coun- 
cil of Baltimore, in accordance with the Maryland In- 
dustrial Development Financing Authority Act, a sum 
of money not to exceed $900,000.00, to use such money 
for the purpose of defraying a portion of the costs of 
acquiring a certain industrial project (within the mean- 
ing of such Act) consisting of the acquisition of a cer- 
tain parcel of land containing approximately 2.56 acres 
located in the 1700 block of South Haven Street, north 
of Holabird Avenue, in Baltimore City, Maryland, 
(being a portion of the property known as 1655 South 
Highland Avenue), together with the improvements lo- 
cated thereon, including a building designated 'The 
Shop Building" and containing approximately 48,000 
square feet, the renovation of The Shop Building and 
the installation therein of certain machinery and equip- 
ment, all for the use and occupancy by The A. J. Sackett 
& Sons Company, a Maryland coi^Doration ; authorizing 
the Mayor and other appropriate officials of the City to 
execute any and all documents necessary to effectuate 
and to secure payment of the aforesaid borrowing and 
acquisition; conferring and imposing upon the Depart- 



34 ORDINANCES Ord. No. 6 

ment of Housing and Community Development certain 
powers and duties and pro\iding that The A. J. Sackett 
& Sons Company shall agree to submit certain plans 
and specifications to, and coordinate with, the Depart- 
ment of Housing and Community Development in con- 
nection ^^'ith the acquisition of such industrial project; 
and generally providing for and deteiTnining various 
matters and details in connection with such borrowing 
and acquisition. 

BY authority of 

MIDFA Act— Article 41 of the Annotated Code of 
Marj^land (1978 Replacement Volume and 1979 Cumula- 
tive Supplement) Sections 266J through 266CC, in- 
clusive 

RECITALS 

Whereas, Ordinance No. 1022, approved November 
24, 1975, was enacted transferring all the duties and 
responsibilities of Baltimore City Economic Develop- 
ment Commission to the Department of Housing and 
Community Development, thereby vesting in such De- 
partment certain powei-s and duties to be exercised in 
connection with aiding the industrial growth of Balti- 
more City ; and 

Whereas, Mayor and City Council of Baltimore (the 
"City") has received a letter of intent dated October 31, 
1979 (the "Letter of Intent"), from The A. J. Sackett & 
Sons Company, a Maiyland corporation (the "Com- 
pany"), requesting the City to participate in the fi- 
nancing of the acquisition of a cei-tain industrial project 
(the "Industrial Project") to be located in Baltimore 
City, Maryland, and being more particularly described 
herein, by bori'o\\ing from The First National Bank of 
^Maryland, a national banking association (the "Bank"), 
a sum of money not to exceed $900,000.00 (the "Loan"), 
pursuant to Sections 266J through 266CC, inclusive, of 
Article 41 of the Annotated Code of Maryland (1978 
Replacement Volume and 1979 Cumulative Supplement), 
as amended (the "MIDFA Act") ; and 

Whereas, Section 266W(a) of the MIDFA Act pro- 
Nides, among other things, that a municipality of the 



ORDINANCES 35 

State of Maryland, notwithstanding the provisions of 
any charter and \\dthout in any event pledging its full 
faith and credit in support of a mortgage, is fully 
enabled and empowered to borrow money and to execute 
a mortgage as security for the purpose of defraying the 
cost of acquiring any industrial project approved by the 
Maryland Industrial Development Financing Authority 
(*'MIDFA"); and 

Whereas, Section 266W(a) of the MIDFA Act also 
provides that the funds to be borrowed by the munici- 
pality shall be utilized in connection with a ''bona fide 
industrial project" as evidenced by a letter of intent or 
similar agreement between the prospective industrial 
project applicant and the municipality borrowing the 
money; and 

Whereas, MIDFA, at its November 15, 1979, meet- 
ing, approved the Industrial Project and the Loan, as 
set forth in the letter from MIDFA to the Company 
dated November 20, 1979 (the ''MIDFA Commitment 
Letter"), but the Loan will not be insured by MIDFA; 
and 

Whereas, the City has determined, based upon the 
findings and determinations hereinafter set forth, that 
it is in the best interests of the citizens of Baltimore 
City that the City accept the Letter of Intent and par- 
ticipate in the financing of the Industrial Project. 

NOW, THEREFORE, PURSUANT TO AND IN AC- 
CORDANCE WITH THE PROVISIONS OF THE 
MIDFA ACT: 

Section 1. Be it ordained by Mayor and City Council 
of Baltimore, That it is hereby found and deteiTnined as 
follows: 

(a) the financing of the acquisition of the Industrial 
Project will fulfill and accomplish the declared pui-pose of 
the MIDFA Act, which is to promote the expansion and 
diversification of industry, to avoid the relocation of in- 
dustrj' from the State of Maryland, to increase employ- 
ment, and to provide a larger taxable base for the economy 
iOf the State of Maryland, resulting in new and expanded 



36 ORDINANCES Ord. No. 6 

industrial enterprises to provide enlarged opportunities 
for gainful emplo\Tnent by the people of Maryland, and 
thus to insure the preservation and betterment of the 
economy of the State of Maryland; and, accordingly, it is 
in the best interests of the citizens of Baltimore City that 
the City participate in the financing of the acquisition of 
the Industrial Project; 

(b) the Industrial Project is an "industrial project," as 
defined in Section 266-0(3) of the MIDFA Act, and, as 
evidenced by the Letter of Intent, the funds to be bor- 
rowed by the City (to finance the acquisition of the In- 
dustrial Project) will be utilized in connection \\'ith the 
acquisition of a ''bona fide industrial project," as men- 
tioned in Section 266W(a) of the MIDFA Act, for use 
and occupancy by the Company, which is a ''prospective 
industrial project applicant," as mentioned in Section 
266W(a) of the MIDFA Act; and 

(c) MIDFA has approved the Industrial PixDJect and 
the Loan as set forth in the MIDFA Commitment Letter, 
but the Loan will not be insured by MIDFA. 

Sec. 2. And he it further ordained, That the City be 
and it is hereby fully authorized and empowered to bor- 
row from the Bank a sum of money not to exceed 
$900,000.00 (the "Loan") for a term not\o exceed twenty 
(20) years at a rate of interest which shall not exceed 
seven and one-half per cent (7V2%) Per annum, except in 
the event that it is at any time determined that such in- 
terest is for any reason not exempt from federal income 
taxes. If at any time it is deteiTnined that such interest is 
not exempt from federal income taxes, the rate of interest 
payable on the Loan shall be increased, retroactively and 
prospectively, to a rate of interest not to exceed the com- 
mercial prime rate of interest in effect at the Bank from 
time to time (floating) plus two per cent (2^r) per 
annum. Interest shall be calculated on the basis of a 360- 
day year factor applied to actual days elapsed. 

Sec. 3. Aiid be it further ordained. That the City cause 
the proceeds of the Loan to be used for the pui*pose of 
defraying a portion of the costs of acquiring the Industrial 
Project, which Industrial Project, and the acquisition 



ORDINANCES 37 

thereof, will consist of (a) acquiring (by negotiation and 
not by eminent domain) a parcel of land containing ap- 
proximately 2.56 acres located in the 1700 block of South 
Haven Street, north of Holabird Avenue, in Baltimore 
City, Maryland (being a portion of the property known as 
1655 South Highland Avenue, Ward 26, Section 2 Block 
6526, Lot 1), (the '"Land"), together with the improve- 
ments thereon, including a certain building designated 
"The Shop Building" and containing approximately 48,000 
square feet (the '"Building"), (b) renovating the Building 
(the ''Renovations"), (c) purchasing and installing cer- 
tain machinery and equipment therein (the "Equipment"), 
and (d) acquiring such rights in land as may be necessary 
or suitable for the foregoing, including roads and rights 
of access, utilities and other necessary site preparation 
and facilities, all for use and occupancy by the Company 
as a facility for the manufacture of equipment for the 
agricultural chemicals industry. 

Sec. 4. And be it further ordained, That the City either 
(a) acquire the Industrial Project and lease the same to 
the Company, or (b) to the extent permitted by the 
MIDFA Act, as amended from time to time, lend the 
proceeds of the Loan to the Company, which shall use the 
proceeds of the Loan for the sole purpose of acquiring 
the Industrial Project for its own use and occupancy. 

Sec. 5. And be it further ordained, That, as described 
generally in the Letter of Intent and as contemplated by 
the MIDFA Act : 

(a) the Loan will be secured by a mortgage or deed of 
trust, or by an assignment of mortgage or deed of trust, 
covering the Industrial Project; but the City shall in no 
event pledge its full faith and credit, and the Loan, and 
the interest thereon, will be repaid by the City solely from 
payments to be made by the Company to the City pur- 
suant to the Loan Documents (hereinafter defined) and 
from any other moneys made available to the City for 
such purpose and permitted by the MIDFA Act; 

(b) the Company will make payments under the Loan 
Documents sufficient to pay (i) the principal of and in- 
terest on the Loan, (ii) all taxes and payments in lieu of 



38 ORDINANCES Ord. No. 6 

taxes, and (iii) any expenses incurred by the City in con- 
nection with the administration of the Loan, all as the 
same become due and payable ; and 

(c) any costs of acquiring the Industrial Project in 
excess of the proceeds of the Loan \vi]\ be paid by the 
Company. 

Sec. 6. And he it further ordained. That the City will 
not incur any liability, direct or indirect, or any cost, 
direct or indirect, in connection with the aforesaid bor- 
rowing or the acquisition of the Industrial Project, and 
the Industrial Project will be acquired so as to conform to 
the requirements of the Company; accordingly, the Com- 
pany shall (i) select and work with the suppliers and con- 
tractors which will make the Renovations, and will ne- 
gotiate and approve all contracts, construction plans and 
specifications, and financing arrangements in connection 
^\ith the acquisition of the Industrial Prx)ject, and (ii) pay 
all necessarj' costs incurred by or on behalf of the City 
in connection wnth the aforesaid financing, including the 
administration thereof, and in connection with the acquisi- 
tion of the Industrial Project, including (\\ithout limita- 
tion) all costs incurred in connection with the develop- 
ment of the appropriate legal documents necessar\^ to 
effectuate the proposed financing and acquisition, including 
(without limitation) the fees of legal counsel and com- 
pensation to any other person performing services by or 
on behalf of the City in connection \\ith the transactions 
contemplated by this Ordinance, whether or not the pro- 
posed financing and acquisition are consunmiated. 

Sec. 7. And be it further ordained, That in connection 
with the borro\\ang and the acquisition described in this 
Ordinance, the Mayor and other appropriate officials of 
the City of Baltimore are hereby authorized and em- 
powered : 

(i) to accept the Letter of Intent in order to materially 
induce the Company to pursue the transactions described 
therein and to further evidence the commitment of the 
City to participate in the financing of the acquisition of 
the Industrial Project; 



ORDINANCES 39 

(ii) to execute and to accept such other documents, in- 
struments and certificates as are necessary or appropriate 
to evidence and secure the obligation of the Company to 
make payments to the City sufficient to pay the principal 
of and interest on the Loan and to consummate the Loan 
and the acquisition of the Industrial Project, including, 
but not limited to, any and all leases, loan agreements, 
financing agreements, mortgages, deeds of trust, notes, 
assignments, security agreements, and any and all neces- 
sary financing statements, the form and substance of all 
of which (other than financing statements and other 
customary closing certificates and documents) shall be 
approved by the Board of Estimates as hereinafter pro- 
vided. (All of such documents, instruments and certifi- 
cates are herein collectively referred to as the "Loan 
Documents.") 

Sec. 8. And be it further ordained, That, notwith- 
standing anything contained in this Ordinance or in any 
document authorized herein to be executed, or the execu- 
tion and delivery of any document authorized herein, 
neither the full faith and credit nor the taxing power of 
the City shall be deemed to be pledged hereby, and the 
City shall at no time be required to exercise its taxing 
power in order to implement the transactions authorized 
hereby. Nothing contained in this Ordinance shall be 
deemed or construed in any way to create or constitute a 
debt of the City within the meaning of any constitutional, 
statutory or other debt limitation provision, or to consti- 
tute any act or purpose other than that contemplated by 
the MIDFA Act. Neither the Loan to be made to the City 
by the Bank nor the interest thereon shall ever constitute 
an indebtedness or a charge against the general credit or 
taxing powers of the City, within the meaning of any con- 
stitutional or charter provision or statutory limitation, 
and neither shall ever constitute or give rise to any pe- 
cuniary liability of the City. 

Sec. 9. And be it further ordained, That the terms and 
provisions and form and substance of any and all docu- 
ments and instruments to be executed or entered into by 
the City in connection with the transactions authorized by 
this Ordinance, other than customary closing certificate 



40 ORDINANCES Ord. No. 6 

and documents and financing statements, shall be approved 
by the Board of Estimates of the City prior to the execu- 
tion and delivery thereof by the Mayor of the City. 

Sec. 10. And be it further ordained, That any and all 
necessaiy financing statements required for the consum- 
mation of the transactions authorized by this Ordinance 
may be executed on behalf of the City by the Mayor of the 
City or by the Chief of the Bureau of Treasury Manage- 
ment of the City or by such other appropriate ofl^cial of 
the City of Baltimore as may be designated by the Mayor 
of the City to execute such financing statements. 

Sec. 11. And he it further ordained. That the Depart- 
ment of Housing and Community Development is hereby 
fully authorized and empowered, for the purpose of this 
Ordinance only: 

(a) To promote, make investigations, conduct prelimi- 
nary negotiations, and do any and all other things neces- 
sary and proper to expedite the consummation of the trans- 
actions authorized by this Ordinance, all pursuant and 
subject to the provisions of the Charter of Baltimore 
City; and 

(b) After the transactions authorized by this Ordi- 
nance have been fully consummated, the Department of 
Housing and Community Development shall do any and all 
other things necessary, proper or expedient to assure the 
full perfoiTnance by the Company of any and all of 
the terms and provisions in any and all agreements entered 
into bet^veen the City and the Company, all of which shall 
be subject to the provisions of the Charter of Baltimore 
City. 

Sec. 12. And he it further ordained, That the Company 
shall agree, in the Loan Documents, that : 

(a) It will submit any plans and specifications for the 
Renovations to the Department of Housing and Com- 
munity Development for approval. 

(b) It understands that, in addition to the economic 
feasibility of the acquisition of the Industrial Project, the 
Department of Housing and Community Development may 
consider, without limitation, the suitability of the site plan, 



ORDINANCES 41 

architectural treatment, building plans, elevations, ma- 
terials, color, construction details, access, parking-, loading, 
landscaping, identification signs, exterior lighting, refuse 
collection details, streets, sidewalks, and haraiony between 
the plans and the surroundings of the proposed Industrial 
Project; and that the Department of Housing and Com- 
munity Development may refuse approval of any plans 
and specifications for aesthetic or functional reasons. 

(c) It and its developers mil work with the design 
advisory group appointed by the Department of Housing 
and Community Development in order to achieve high 
quality site, building, and landscape design. 

Sec. 13. And he it further ordained, That this Ordi- 
nance is passed as official action by the City for the pur- 
pose of materially inducing the Company to pursue the 
transaction described in the Letter of Intent and the Letter 
of Intent is to be accepted as further evidence of such 
official action. 

Sec. 14. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 7 
(Council No. 44) 

AN ORDINANCE concerning 

ISSUANCE OF INDUSTRIAL DEVELOPMENT 

REVENUE BONDS— TULKOFF 

FAMILY PARTNERSHIP 

FOR the purpose of authorizing and empowering Mayor 
and City Council of Baltimore (the "City"), to issue, sell 
and deliver at any time or from time to time its Indus- 
trial Development Revenue Bonds, designated "Balti- 
more City, Maryland Industrial Development Revenue 



42 ORDINANCES Ord. No. 7 

Bonds (Tulkoff Family Partnership Project)", in the ag- 
gregate principal amount not to exceed $1,500,000 (the 
"Bonds"), pursuant to the provisions of Sections 266A 
to 266-1, inclusive, of Article 41 of the Annotated Code 
of Maryland (1978 Replacement Volume and 1979 
Cumulative Supplement), as amended, in order to loan 
the proceeds thereof (the ''Loan") to Tulkoff Family 
Partnership, a Maryland partnership (the ''Borrower"), 
for the sole and exclusive purpose of financing the ac- 
quisition by the Borrower of a certain industrial build- 
ing in Baltimore City, a poiiion of which shall be leased 
to Tulkoff's Horseradish Products Company, Inc., a 
Maryland corporation (the "Company"), as provided 
in this Ordinance; authorizing the Mayor of the City 
to accept, on behalf of the City, the Borrower's and 
the Company's letter of intent to the City dated Novem- 
ber 27, 1979; making certain legislative findings, among 
others, concerning the public benefit and purpose of the 
Bonds; providing that the Bonds and the interest 
thereon shall be limited obligations of the City, repay- 
able by the City solely from the revenue derived from 
Loan repayments (both principal and interest) made to 
the City on account of the loan and from any other 
moneys made available to the City for such purpose, 
and that neither the Bonds nor the interest thereon shall 
ever constitute an indebtedness or a charge against 
the general credit or taxing powers of the City within 
the meaning of any constitutional or charter provision 
or statutory limitation and that neither shall ever con- 
stitute or give rise to any pecuniary liability of the 
City; authorizing the private (negotiated) sale of the 
Bonds; prescribing the rate or rates of interest the 
Bonds are to bear, the basic form, tenor, terms and con- 
ditions of, and security for, the Bonds and the terms 
and conditions under which the Bonds may be called 
for redemption prior to their stated maturity or maturi- 
ties; authorizing and empowering the Board of Finance 
of the City (the "Board"), prior to the issuance, sale 
and delivery of any of the Bonds, to adopt a resolution 
pursuant to which the Board may (1) prescribe the 
rate or rates of interest the Bonds are to bear, and 
the final form, tenor, terms and conditions of and 
security for the Bonds, (2) prescribe the actual 



'.I 



ORDINANCES 43 

amounts, denominations, date, actual maturity or ma- 
turities (within the limits herein prescribed) and the 
place or places of payment of the Bonds, and the final 
terms and conditions and details under which the Bonds 
may be called for redemption prior to their stated ma- 
turity, (3) approve the form and contents, and authorize 
the execution and delivery (where applicable), of a 
Loan Agreement between the Borrower and the City, 
(b) an assignment and security agreement by and 
among the City, the original purchaser of the Bonds 
and a Trustee (which may be the original purchaser of 
the Bonds), and (c) such other documents including 
(without limitation) mortgages, deeds of trust, assign- 
ments of leases, guaranties and security instruments as 
the Board shall deem necessaiy to effectuate the is- 
suance, sale and delivery of the Bonds, (4) determine 
the time or times of execution, issuance, sale and de- 
livery of the Bonds and prescribe any and all other 
details of the Bonds, (5) provide for the direct pay- 
ment by the Borrower of all costs, fees and expenses 
incurred by or on behalf of the City in connection with 
the issuance, sale and delivery of the Bonds, and (6) 
do any and all things, and authorize the officials of the 
City to do any and all things, necessary, proper or 
expedient in connection with the issuance, sale and 
delivery of the Bonds providing that the Borrower 
shall submit any plans and specifications for the ac- 
quisition of the Industrial Building to the Department 
of Housing and Community Development for approval: 
providing that if the Bonds are not issued within six 
months from the date this Ordinance is approved by 
the Mayor of the City, the authorization to issue Bonds 
in this Ordinance shall expire; authorizing the Board to 
extend the authorization for the Bonds for an additional 
term not to exceed six months; and generally providing 
for and determining various matters and details in 
connection with the authorization, issuance, security, 
sale and payment of the Bonds. 

RECITALS 

Sections 266 A to 266-1, inclusive, of Article 41, of 
the Annotated Code of Maryland (1978 Replacement 



44 ORDINANCES Ord. No. 7 

Volume and 1979 Cumulative Supplement), as amended, 
(the *'Act") empower all the counties and municipalities 
of the State of Mar>^hmd to issue revenue bonds and 
to loan the proceeds of the sale of such revenue bonds 
to an industrial concern (as mentioned in the Act) to 
finance the acquisition (as mentioned in the Act) by 
such industrial concern of any industrial building (as 
mentioned in the Act). The Act declares it to be the 
legislative pui-pose to relieve conditions of unemploy- 
ment in the State of Maryland, to encourage the increase 
of industry and a balanced economy in the State of 
Marj^land, to assist in the retention of existing industry 
in the State of Maryland through the control, reduction 
or abatement of pollution of the environment (where 
proceeds of the bonds are used for that purpose), to 
promote economic development, to protect natural re- 
sources and in this manner to promote the health, wel- 
fare and safety of the residents of each of the counties 
and municipalities of the State of Maiyland. 

Mayor and City Council of Baltimore (the "City") has 
received a letter of intent (as contemplated by Section 
266B(d) of the Act) dated November 27, 1979, (the 
''Letter of Intent") from Tulkoff Family Partnership, 
a Maryland partnership (in which Sol Tulkoff, ]\Iartin 
Tulkoff and Daniel Kishter are the sole partners) and 
an industrial concern as mentioned in Section 266A(h) 
of the Act (the "Borrower") and from Tulkoff 's Horse- 
radish Products Company, Inc., a Marj^land coi-poration 
and an industrial concern as mentioned in Section 
266A(a) of the Act (the "Company"), pursuant to 
which the Borrower and the Company have requested 
the City to participate in the financing of the acqui- 
sition by the Borrower of an industrial building (within 
the meaning of the Act) to be located in Baltimore 
City, Maiyland (the "Industrial Building"), by the 
issuance and sale by the City of its Baltimore City, 
Maiyland Industrial Development Revenue Bonds 
(Tulkoff Family Partnership Project), in the aggregate 
principal amount not to exceed $1,500,000 (the 
"Bonds"), and by loaning the proceeds of the Bonds to 
the Borrower upon the teiTns and conditions of a loan 
agreement to be entered into between the City and the 



ORDINANCES 46 

Borrower (the ''Loan Agreement"), as permitted by 
the Act (such loan being herein referred to as the 
"Loan"). 

The Borrower shall lease a portion of the Industrial 
Building to the Company pursuant to a lease agreement 
(the ''Lease Agreement") for use as office, processing 
and manufacturing facilities and shall lease and/or 
sell the remaining portion of the Industrial Building to 
one or more parties as yet to be determined (such 
parties and the Company hereinafter collectively re- 
ferred to as the "Occupants") . 

The Industrial Building will consist generally of cer- 
tain real property, formerly used as Schaefer's Brewery, 
abutting Conkling and O'Donnell Streets consisting of 
approximately 20 acres of land and several buildings 
and other improvements located thereon, together with 
necessary and useful equipment, machinery and other 
necessary facilities. 

The Loan Agreement will require the Borrower (a) to 
use the proceeds of the Bonds solely to finance the ac- 
quisition of the Industrial Building, to pay the costs of 
preparing, issuing and delivering the Bonds and to pay 
other costs as permitted by the Act, and (b) to make 
Loan payments which will be sufficient to enable the City 
to pay the principal of and interest and premium, if any, 
on the Bonds when and as the same shall become due and 
payable. 

As security for the Bonds, the City will enter into 
an Assignment and Security Agreement (the "Assign- 
ment") with the original purchaser of the Bonds (the 
"Original Purchaser"), and a trustee (the "Trustee") to 
be appointed by the Board of Finance of the City (the 
"Board") by a resolution (the "Resolution") to be 
adopted by the Board prior to the issuance, sale and 
delivery of the Bonds. Pursuant to the Assignment, the 
City will assign to the Original Purchaser, its successors 
and assigns, (a) all of the City's right, title and interest 
in and to, and remedies under, the Loan Agreement, 
including (without limitation) any and all collateral 
referred to therein, excepting only the right of the City 
to indemnification by the Borrower and to payments to 



46 ORDINANCES Ord. No. 7 

the City for expenses incurred by the City itself, (b) the 
City's right, title and interest in and to and remedies 
under the Deed of Trust from the Borrower to certain 
individual trustees as security for the Loan (the "Deed 
of Trust"), (c) certain moneys which are at any time 
or from time to time on deposit \vith the Trustee, (d) 
all right, title and interest in and to and remedies with 
respect to any and all other property of every descrip- 
tion and nature from time to time by delivery or by 
writing of any kind conveyed, pledged, assigned or 
transferred, as and for additional security for the Bonds 
or the Loan, and (e) all of the City's right, title and 
interest in and to, and remedies under, such other docu- 
ments, including (without limitation) mortgages, deeds 
of trust, assignments of lease, guaranties and security 
instruments as the Board shall deem necessary to ef- 
fectuate the Loan and the issuance, sale and delivery 
of the Bonds and which the Board shall approve by the 
adoption of the Resolution. 

NOW THEREFORE, IN ACCORDANCE WITH 
THE ACT: 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That acting pursuant to the Act, it is hereby 
found and determined as follows: 

(a) The issuance and sale of the Bonds by the City 
pursuant to the Act in order to lend the proceeds thereof 
to the Borrower for the sole and exclusive purpose of 
financing the acquisition (within the meaning of the Act) 
by the Borrower of the Industrial Building, to be leased 
to the Company and to be leased and/or sold to the other 
Occupants, to pay the costs of preparing, printing and 
selling the Bonds and to pay other costs permitted by the 
Act wall facilitate and expedite the acquisition of the In- 
dustrial Building by the Borrower. 

(b) The acquisition of the Industrial Building by the 
Borrower, the financing thereof and the leasing or sale of 
portions of the Industrial Building to the Occupants as 
provided in this Ordinance will promote and contribute to 
the declared legislative purposes of the Act, as set forth 
in Section 266B(b) thereof, by: (a) sustaining jobs and 
employment, thus relieving conditions of unemployment in 



ORDINANCES 47 

the state of Mai-yland and in Baltimore City; (b) en- 
couraging the increase of industry and the creation of a 
balanced economy in the State of Marjiand and in Balti- 
more City; (c) assisting in the retention of existing in- 
dustry in the State of Maryland and in Baltimore City; 
(d) promoting economic development; and (e) thereby 
promoting the health, welfare and safety of the residents 
of the State of Maryland and Baltimore City. 

(c) In addition to authorizing the City itself to acquire 
the Industrial Building and either to lease or to sell the 
same to the Borrower, the Act, as an alternative pro- 
cedure, also authorizes the financing of the Industrial 
Building to be accomplished in the form of a loan by the 
City to the Borrower. The loan form of transaction avoids 
indirect costs and burdens on the City by not requiring 
any direct involvement by the City in the acquisition, 
ownership or administration of the Industrial Building, 
while permitting ample controls to be imposed on the use 
of the proceeds of the Bonds to insure that the public 
purposes of the Act and the Bonds are fully accomplished. 
It is, therefore, in the best interests of the citizens of the 
City to finance the acquisition of the Industrial Building 
by a loan to the Borrower, the acquisition of the Industrial 
Building by the Borrower and the leasing or sale of por- 
tions of the Industrial Building by the Borrower to the 
Occupants. This Ordinance contemplates and authorizes a 
transaction in the form of a loan of the proceeds of the 
Bonds by the City to the Borrower, rather than a trans- 
action in the foi-m of a lease or sale of the Industrial 
Building. Accordingly, this Ordinance, together with the 
Resolution, the Assignment and the Loan Agreement au- 
thorized hereby, and the other documents referred to 
herein, contains, or shall contain, such provisions as the 
City deems appropriate to effect the financing of the ac- 
quisition by the Borrower of the Industrial Building by 
the loan form of transaction. 

(d) Neither the Bonds nor the interest nor redemption 
premium, if any, thereon shall ever constitute an indebted- 
ness or general obligation of the City or a charge against, 
or pledge of the general credit or taxing powers of the 
City, within the meaning of any constitutional or charter 
provision or statutory limitation, or shall ever constitute 



48 ORDINANCES Ord. No. 7 

or give rise to any pecuniary liability of the City. The 
Bonds and the interest and redemption premium, if any, 
thereon shall be limited obligations of the City, and shall 
be solely payable from (i) certain revenue derived from 
Loan repayments (both principal and interest) made to 
the City by the Borrower on account of the Loan, (ii) 
moneys derived from any collateral pledged under the 
Loan Agreement or under any assignment of lease, mort- 
gage, deed of trust, guaranty or security agreement ex- 
ecuted or delivered in connection with the Bonds or the 
Loan, and (iii) any other moneys made available to the 
City for such purpose. Accordingly, this Ordinance defi- 
nitely fixes and determines the entire amount of the above 
described receipts and revenues of the City from the Loan 
(except for certain rights of the City to indemnification 
and to payments in respect of its administrative expenses 
in connection with the Bonds and the Loan) to be the 
amount of revenue derived from payments with respect 
to the Loan which is necessary to be set apart and applied 
to the payment of principal of, the interest on, and the 
redemption premium, if any, on the Bonds. The proceeds 
of the Bonds will be deposited with the Trustee to be 
held and disbursed by the Trustee as provided in the As- 
signment to be approved by the Board in the Resolution. 
The payments to be made by the Borrower pursuant to the 
Loan Agreement will be paid directly to the holder (s) of 
the Bonds as provided in the Assignment to be approved 
by the Board in the Resolution. No such moneys will be 
commingled with the City's funds or will be subject to the 
absolute control of the City, but \vill be subject only to such 
limited supervision and checks as are deemed necessary or 
desirable by the City to insure that the proceeds of the 
Bonds are used to accomplish the public purposes of the 
Act and this Ordinance. The transactions authorized hereby 
do not constitute any physical public betterment or im- 
provement or the acquisition of property for public use 
or the purchase of equipment for public use. The public 
purposes expressed in the Act are to be achieved by facili- 
tating the acquisition of the Industrial Building by the 
Borrower. 

(e) The City will acquire no interest in the Industrial 
Building other than (i) any general interest in the Bor- 



ORDINANCES 49 

rower's property shared bj^ all holders of the Borrower's 
obligations which rank and are secured equally with the 
Borrower's obligations pursuant to the Loan Agreement 
and other obligations incurred pursuant to this Ordinance, 
(ii) the lien and security interest created by the Deed of 
Trust and by the Loan Agreement, and (iii) any interest 
created by any other mortgage, deed of trust, assignment 
of lease or other security instrument executed and delivered 
by the Borrower or any third party as security for the 
Loan as the Board may provide for and approve in the 
Resolution. The security for the Bonds shall be solely and 
exclusively (A) the absolute, irrevocable and unconditional 
obligations of the Borrower to make the payments required 
by the Loan Agreement, (B) moneys realized from the 
liquidation of the liens and security interests created by the 
Deed of Trust and the Loan Agreement and of any other 
lien or security interest created with respect to any prop- 
erty as security for the Loan or the Bonds as the Board 
may provide for and approve in the Resolution, (C) 
moneys realized from any guaranty of the Bonds or of the 
Loan as the Board may provide for and approve in the 
Resolution and (D) any other property made available 
for such purpose. 

(f) None of the revenues derived by the City from the 
Loan Agreement shall be set aside as a depreciation ac- 
count (mentioned in the Act) since such a depreciation 
account would (a) be inconsistent with the loan form of 
transaction authorized hereby, and (b) place an unrea- 
sonable burden on the Borrower so as to adversely affect 
the feasibility of the transaction and thus frustrate the 
legislative purposes of the Act. The Borrower shall cove- 
nant and agree in the Loan Agreement to properly operate 
and maintain (or cause to be operated or maintained) the 
Industrial Building during the time any of the Bonds are 
outstanding. Such covenant and agreement shall include a 
specific undertaking by the Borrower to make (or cause 
to be made) all equipment replacements and repairs nec- 
essary to insure that the security for the Bonds shall not 
be impaired. 

(g) The best interests of the City will be ser\^ed by 
selling the Bonds at private (negotiated) sale, as author- 



50 ORDINANCES Ord. No. 7 

ized by the Act, upon terms and conditions approved by 
the Board in the Resolution. 

(h) The Industrial Building constitutes an "industrial 
building" within the meaning of the Act, and the Bor- 
rower is an ''industrial concern" (as mentioned in Section 
266A(h) of the Act) and a "bona fide tenant" or "bona 
fide purchaser" (as mentioned in the Act). Therefore, the 
Industrial Building is to be acquired by a bona fide tenant 
or purchaser (as mentioned in Section 266B(d) of the 
Act), as evidenced by the Letter of Intent, which is a 
letter of intent within the meaning of the Act. 

Sec. 2. And he it further ordained, That the City is 
hereby authorized and empowered to issue, sell and deliver 
its Baltimore City, Maryland Industrial Development Reve- 
nue Bonds (Tulkoff Family Partnership Project), in the 
aggregate principal amount not to exceed $1,500,000, sub- 
ject to the provisions of this Ordinance. The proceeds of 
the Bonds will be loaned to the Borrower pursuant to the 
terms and provisions of the Loan Agreement, to be used 
by the Borrower for the sole and exclusive purpose of 
financing the acquisition of the Industrial Building. The 
Bonds and the interest thereon shall be limited obligations 
of the City, repayable by the City solely from the revenue 
derived from Loan repayments (both principal and in- 
terest) made to the City by the Borrower pursuant to the 
Loan Agreement, moneys derived from any collateral 
pledged under the Loan Agreement or under any assign- 
ment of lease, mortgage, deed of trust or security agree- 
ment executed or delivered in connection \\ath the Bonds 
or the Loan and from any other moneys made available 
to the City for such purpose. The security for the Bonds 
shall be solely and exclusively as provided in Section 1(d) 
and (e) of this Ordinance. 

Sec. 3. And he it further ordained. That each of the 
Bonds shall bear the descriptive title "Baltimore City, 
Maryland Industrial Development Revenue Bond (Tulkoff 
Family Partnership Project) ", provided, that the descrip- 
tive title may contain such other descriptive information 
(e.g. "1980 Series") as the Board may prescribe in the 
Resolution. The Bonds shall bear interest from the date 



ORDINANCES 51 

of delivery at the rate of eight per centum (8%) per 
annum; provided, however, that during any period in 
which the interest payable on the Bonds is for any reason 
includible in the gross income (as defined in Section 61 
of the Internal Revenue Code of 1954, as amended) of 
the holder of any of the Bonds, the rate of interest payable 
on the Bonds shall be thirteen per centum (13%) per 
annum. Interest on the Bonds shall be payable periodically 
on dates to be prescribed by the Board in the Resolution 
and shall be calculated on the basis of a 360-day year 
factor applied to actual days elapsed. The principal of the 
Bonds shall be payable in periodic installments on dates 
and in amounts to be prescribed by the Board in the 
Resolution. 

Sec. 4. And be it further ordained, That the definitive 
Bonds, which may be engraved, printed or typewritten, 
shall be substantially in the following form with such 
appropriate variations, omissions and insertions as the 
Board may approve in the Resolution : 

FORM OF BOND 

No. R $ 



UNITED STATES OF AMERICA 
STATE OF MARYLAND 

BALTIMORE CITY, MARYLAND 
INDUSTRIAL DEVELOPMENT REVENUE BOND 
(TULKOFF FAMILY PARTNERSHIP PROJECT) 

FOR VALUE RECEIVED, MAYOR AND CITY COUN- 
CIL OF BALTIMORE, a body politic and corporate and 
a political subdivision of the State of Maryland (the 
"Issuer"), hereby promises to pay (but only out of the 
"Receipts and Revenues of the Issuer from the Loan" as 

hereinafter defined) to 

(the "Bank") or its successor or regis- 
tered assignee or legal representative the principal sum of 

DOLLARS, payable 

in installments and in the manner hereinafter set forth, 
and to pay interest on the unpaid principal amount hereof 

from , 19 , until paid in full (or, 

if this bond, or any portion hereof, shall have been duly 
called for early redemption and payment of the redemp- 



52 ORDINANCES Ord. No. 7 

tion price shall have been made or provided for, until the 
date fixed for such early redemption) at the rate of eight 
per centum (8%) per annum (calculated on the basis of 
a 360-day year factor applied to actual days elapsed) pay- 
able at the times and in the manner hereinafter set forth ; 
provided, however, that during any period in which the 
interest payable hereon is for any reiison includible in the 
gross income (as defined in Section 61 of the Internal 
Revenue Code of 1954, as amended) of the holder hereof, 
the rate of interest payable on the unpaid principal amount 
hereof shall be at the rate of thirteen percent (137^) per 
annum (calculated on the basis of a 360-day year factor 
applied to actual days elapsed). 

The principal hereof and interest hereon shall be paid in 
any coin or currency of the United States of America 
which, at the respective times of payment, is legal tender 
for the payment of public and private debts, as follows: 

(a) interest only shall be payable on the first day of 

, by check or draft mailed by the Tulkoff 

Family Partnership, a Maryland partnership (the "Bor- 
rower") to the registered owner hereof at its address as 
it appears on the bond registration books of the Issuer 
without the necessity of surrendering or presenting this 
bond, and such payment shall fully discharge the obliga- 
tion of the Issuer herein to the extent of the payment so 
made; 

(b) then, commencing on , and on the 

first day of each and every month thereafter, to and in- 
cluding the first day of , the principal 

sum and interest thereon shall be payable in consecutive 

monthly installments of $ each (except 

as hereinafter provided), by check or draft mailed by the 
Borrower to the owner hereof at the address indicated on 
the bond registration books of the Issuer, without the 
necessity of surrendering or presenting this bond, and all 
such payments shall fully discharge the obligation of the 
Issuer herein to the extent of the payments so made; and 

(c) the entire unpaid principal amount hereof and all 
accrued and unpaid interest hereon shall be due and pay- 
able on , if not paid earlier. 



ORDINANCES 53 

Notwithstanding any other provision of this bond, during 
any period in which the interest payable hereon is for any 
reason includible in the gross income (as defined in Sec- 
tion 61 of the Internal Revenue Code of 1954, as amended) 
of the owner hereof, the rate of interest payable hereon 
shall be increased to the annual rate of 13% per annum; 
and the Issuer agrees to make all payments due hereon 
during any such period in an amount increased (retro- 
actively and prospectively) to include interest at the rate 
of 13% per annum, and the monthly installments of prin- 
cipal and interest as stated above shall be adjusted ac- 
cordingly during any such period. 

Any payment of interest or interest and principal re- 
quired to be made hereunder which is not made within 
15 days from the date on which the same is due and pay- 
able shall continue as an obligation of the Issuer until the 
amount in default is fully paid, and the Issuer agrees to 
pay, to the extent permitted by law and subject to the 
Hmitations contained herein, interest thereon at the rate 
of 13% per annum from the date the same became due 
and payable until paid in full. 

The Issuer shall also pay, solely from the sources here- 
inafter referred to, and in addition to the amounts payable 
under the preceding paragraph hereof, a late charge equal 
to 5% of any aggregate monthly payment of interest or 
of principal and interest as set forth above which is made 
more than 15 days after the date on which the same is due 
and payable. 

All payments hereon, including prepayments, shall be 
applied first to accrued and unpaid interest and the balance 
to principal. 

This bond is issued under and pursuant to the Constitu- 
tion and the laws of the State of Maryland, particularly 
Sections 266A to 266-1, inclusive, of Article 41 of the An- 
notated Code of Maryland (1978 Replacement Volume and 
1979 Cumulative Supplement) as amended, (the *'Act"), 

and under and pursuant to Ordinance No of the 

Issuer, approved by the Mayor of the Issuer on 

(the ''Ordinance"), and by a resolution adopted by the 

Board of Finance of the Issuer on (the 

"Resolution"), for the purpose of financing the acquisition 



54 



ORDINANCES 



Ord. No. 7 



of a certain industrial building to be located in the City 
of Baltimore (the "Industrial Building") by the Borrower. 

The proceeds of this bond are being loaned to the Bor- 
rower by the Issuer under a Loan Agreement dated as of 

, between the Borrower and the Issuer 

(the "Loan Agreement"). 

This bond is issued under an Assignment and Security 

Agreement dated by and among the 

Issuer, the Bank and , as trustee (the 

"Trustee") (the "Assignment"), and, to the extent pro- 
vided therein, is secured and entitled to the protection 
given by the Assignment. Pursuant to the Assignment the 
Issuer has assigned to the Bank, its successors and assigns 
(among other things) the "Receipts and Revenues of the 
Issuer from the Loan", which term is used herein as de- 
fined in the Assignment and which as therein defined in- 
cludes all the pa\Tnents payable to the Issuer pursuant to 
the Loan Agreement (including all enforcement remedies 
with respect thereto) and all other revenues of the Issuer 
attributable to the financing of the Industrial Building (ex- 
cepting only the rights of the Issuer to indemnification by 
the Borrower and to payments to the Issuer for expenses 
incurred by the Issuer itself) . 

Pursuant to the Loan Agreement, payments sufficient for 
the prompt payment when due of the principal of, pre- 
mium, if any, and interest on this bond are to be paid by 
the Borrower on behalf of the Issuer directly to the 
holder hereof by check or draft mailed to its address as 
it appears on the bond registration books of the Issuer, 
such payments having been assigned by the Issuer for that 
purpose. The obligations of the Borrower under the Loan 
Agreement are secured by, among other things, (a) a 
Deed of Trust dated conveying the Indus- 
trial Building to the trustees named therein (the "Deed of 

Trust") , and (b) an Assignment of Leases dated 

, pursuant to which the Borrower has assigned 

to the Issuer and the Bank all of its right, title and interest 
in and to, and remedies under, any and all leases of the 
Industrial Building (the "Assignment of Leases"). The 
pa\Tnent of the principal of and premium, if any, and in- 
terest on this bond is fully and unconditionally and irrev- 
ocably guaranteed pursuant to a Guaranty Agreement ex- 



ORDINANCES 55 

ecuted by the Borrower and delivered to the Bank. The 
payment of the principal of and premium, if any, and 
interest on this bond and on the loan made by the Issuer 
to the Borrower and the performance by the Borrower of 
all of its obligations under the Loan Agreement are guar- 
anteed pursuant to a Personal Guaranty Agreement ex- 
ecuted by Sol Tulkoff, Martin Tulkoff and Daniel Kishter 
and delivered to the Issuer and to the Bank. 

As more fully provided in the Assignment, this bond 
does not constitute an indebtedness or obligation to which 
the faith and credit of the Issuer are pledged but is a 
limited obligation of the Issuer, which is obligated to pay 
the principal of and interest on and the redemption pre- 
mium (if any) on, this bond only out of the Receipts and 
Revenues of the Issuer from the Loan. This bond may 
also be paid out of any other moneys made available to 
the Issuer for the payment thereof. By the terms of the 
Act, the principal of and interest on, and redemption pre- 
mium (if any) on, this bond, do not, and shall not ever, 
constitute an indebtedness or charge against the general 
credit or taxing powers of the Issuer within the meaning 
of any constitutional or charter provision or statutory 
limitation and shall not constitute or give rise to any 
pecuniary liability of the Issuer. 

Reference is hereby made to the Assignment for a full 
and complete statement of the provisions with respect to 
the custody and application of the proceeds of this bond, 
the collection and disposition of the Receipts and Revenues 
of the Issuer from the Loan assigned as security for the 
payment of this bond and the interest thereon, the nature 
and extent of the security and the rights of the registered 
owner of this bond, the terms and conditions on which, 
and the purposes for which, this bond is issued and the 
rights, duties and obligations of the Issuer and the Trustee 
and the Bank, to all of which the registered owner hereof, 
by acceptance of this bond, assents. 

In the manner and with the effect provided in the As- 
signment, this bond will be subject to redemption prior to 
maturity, as follows : 

(a) This bond may be redeemed, at the option of the 
Issuer, prior to maturity, on any installment payment date, 



56 



ORDINANCES 



Ord. No. 7 



either as a whole at any time or in part from time to time 
in multiples of $10,000, at a redemption price equal to the 
principal amount thereof to be redeemed, together with 
unpaid interest accrued to the date fixed for redemption, 
without payment of premium or penalty, by application 
of moneys available for that purpose, other than moneys 
to be applied as provided in (b) below; provided, that any 
partial redemption shall be applied to the principal to be 
redeemed in the inverse order of the installment payment 
dates. 

(b) This bond shall be redeemed, as a whole but not 
in part, at a redemption price equal to the principal amount 
thereof, together with unpaid interest accrued to the date 
fixed for redemption, upon the Borrower's exercise of its 
option to terminate the Loan Agreement pursuant to the 

provisions of Article thereof, which provisions 

permit such termination in the event that (i) the Indus- 
trial Building shall have been damaged or destroyed; (ii) 
title to or temporary use of the Industrial Building shall 
have been taken under the exercise of the power of eminent 
domain ; (iii) as a result of federal, state or local consti- 
tutional, legislative, administrative or judicial action the 
Loan Agreement shall become void, unenforceable, or im- 
possible of performance; or (iv) the Borrower's use and 
occupancy of the Industrial Building or any part thereof 
shall have become legally curtailed. 

(c) This bond shall also be redeemed, in whole or in 
part, at a redemption price equal to the principal amount 
thereof, together with unpaid interest accrued to the date 
fixed for redemption, upon the sale, under certain condi- 
tions more particularly described in the Assignment and 
the Loan Agi-eement, of a portion of the Industrial Build- 
ing, to the extent of the net proceeds from the sale thereof, 
provided that any such partial redemption shall be applied 
to reduce the unpaid principal balance of this bond, and 
the monthly installments of principal and interest as stated 
above shall thereafter be adjusted to provide for amorti- 
zation of the remaining principal balance with interest as 
herein provided in equal installments over the term remain- 
ing to maturity of this bond. 

(d) At the option of the holder of this bond, this bond 
shall be redeemed, in whole but not in part, upon any 



ORDINANCES 57 

occurrence under the Loan Agreement, the Deed of Trust, 
the Assignment of Leases, the Assignment or any other 
document executed in connection with this bond which 
gives the holder of this bond the option to accelerate the 
maturity of amounts payable under the Loan Agreement 
and/or this bond. 

Any such redemption, either in whole or in part, shall 
be made upon at least 30 days' prior notice in the manner 
and upon the terms and conditions provided in the Assign- 
ment. If this bond or any portion hereof shall have been 
duly called for redemption and payment of the redemption 
price, together with unpaid interest accrued to the date 
fixed for redemption, shall have been made, all as more 
fully set forth in the Assignment, interest on this bond 
or such portion hereof shall cease to accrue from the date 
fixed for redemption, and from and after such date this 
bond or the portion hereof duly called for redemption 
shall no longer be entitled to any benefit or security under 

the Assignment, and, except as provided in Section 

of the Loan Agreement, the registered owner hereof shall 
have no rights in respect of this bond or such portion 
hereof so called for redemption except to receive payment 
of such redemption price and unpaid interest accrued to 
the date fixed for redemption. 

The amount of any partial prepayment, and the date on 
which the same is made, shall be noted by the registered 
owTier on Schedule A attached hereto and made a part 
hereof. 

In certain events, on the conditions, in the manner and 
with the effect set forth in the Assignment, the principal 
of this bond may become or may be declared due and pay- 
able before the stated maturity thereof, together with the 
interest accrued thereon. 

The owner of this bond shall have no right to enforce 
the provisions of the Assignment, or to institute action 
to enforce the covenant therein, or to take any action with 
respect to any default under the Assignment, or to insti- 
tute, appear in or defend any suit or other proceeding 
with respect thereto, except as provided in the Assignment. 

This bond shall be registered on the books of the Issuer 
to be kept for that purpose by the Director of Finance of 



58 ORDINANCES Ord. No. 7 

the Issuer. This bond shall be transferable upon such books 
only by the registered owner or by its duly authorized 
officer or attorney. This bond may be transferred upon sur- 
render hereof at the office of the Director of Finance of the 
Issuer with a written instrument of transfer satisfactory 
to the Director of Finance, duly executed by the registered 
owner hereof or his duly authorized attorney. Such trans- 
fers or exchanges shall be without charge to the registered 
o\vner hereof (except for any out-of-pocket expenses of the 
Issuer), but any taxes or other governmental charges re- 
quired to be paid with respect to the same shall be paid 
by the registered owner requesting such transfer or ex- 
change as a condition precedent to the exercise of such 
privilege. 

The Issuer and the Borrower may deem and treat the 
person in whose name this bond is registered as the abso- 
lute owner hereof for all purposes ; and neither the Issuer 
nor the Borrower shall be affected by any notice to the 
contrary. 

All acts, conditions and things required by the Constitu- 
tion and statutes of the State of Maryland, the Ordinance, 
the Resolution and the Assignment to exist, to have hap- 
pened and to have been performed precedent to and in the 
issuance of this bond, do exist, have happened and have 
been performed. 

No covenant or agreement contained in this bond or the 
Assignment shall be deemed to be a covenant or agreement 
of any officer, agent or employee of the Issuer in his or 
her individual capacity, and neither the members of the 
City Council of Baltimore nor any official executing this 
bond shall be liable personally on this bond or be subject 
to any personal liability or accountability by reason of 
the issuance of this bond. 

IN WITNESS WHEREOF, Mayor and City Council of 
Baltimore, has caused this bond to be executed in its name 
and on its behalf by its Mayor by his manual or facsimile 
signature, and by its Director of Finance, by his manual 
or facsimile signature, and has caused its corporate seal 
or a facsimile thereof to be impressed or otherwise repro- 
duced hereon, and attested by its Custodian of the City 



ORDINANCES 69 

Seal, by his manual signature, all as of the day 

of , 19 

MAYOR AND CITY COUNCIL 
OF BALTIMORE 

[SEAL] By 

Mayor 

ATTEST : 

By 

Custodian of the City Seal Director of Finance 

SCHEDULE A 
No. R- $ 



Baltimore City, Maryland 

Industrial Development Revenue Bond 

(Tulkoff Family Partnership Project) 



Date Amount of Redemption Manner of Application 

Sec. 5. And he it further ordained, That the Bonds shall 
be executed in the name of the City and on its behalf by 
the Mayor of the City, by his manual or facsimile signa- 
ture, and by the Director of Finance of the City, by his 
manual or facsimile signature, and the corporate seal of 
the City or a facsimile thereof shall be impressed or other- 
wise reproduced thereon and attested by the Custodian of 
the City Seal, by his manual signature. The Loan Agree- 
ment, the Assignment and, where applicable, all other 
documents as the Board shall deem necessary to effectuate 
the issuance, sale and delivery of the Bonds, shall be 
executed in the name of the City and on its behalf by the 
Mayor of the City by his manual signature, and the cor- 
porate seal of the City or a facsimile thereof shall be im- 
pressed or other^^ise reproduced thereon and attested by 
the Custodian of the City Seal by his manual signature. 
In case any officer whose signature or a facsimile of whose 
signature shall appear on the Bonds or any of the afore- 



60 ORDINANCES Ord. No. 7 

said documents shall cease to be such officer before the 
deliveo' of the Bonds or any of the other aforesaid docu- 
ments, such signature or such facsimile shall nevertheless 
be valid and sufficient for all purposes, the same as if such 
officer had remained in office until deliveiy. The Mayor 
of the City, the Director of Finance of the City, the 
Custodian of the City Seal and other officials of the City 
are hereby authorized and empowered to do all such acts 
and things and execute such documents and certificates as 
the Board may deteiTnine in the Resolution to be necessary 
to cany out and comply with the provisions hereof. 

Sec. 6. And be it further ordained, That the Bonds shall 
be executed, issued and delivered at any time or from time 
to time and in such amount or amounts not exceeding, in 
the aggregate, the principal amount of $1,500,000 as the 
Board shall prescribe in the Resolution. 

Sec. 7. And be it further ordained. That the Bonds shall 
be dated, shall be in such denominations, may be of such 
tenor (not materially inconsistent with the form of the 
Bonds set forth in Section 4 of this Ordinance), may be 
payable in such amounts at such times not exceeding 30 
years from the date thereof and at such place or places 
as the Board shall prescribe in the Resolution. 

Sec. 8. And be it further ordained, That the Bonds will 
be subject to redemption prior to maturity upon the terms 
and conditions contained in the foiTn of the Bonds set forth 
in Section 4 of this Ordinance and upon such other terms 
and conditions as the Board shall prescribe in the Resolu- 
tion. 

Sec. 9. And be it further ordained, That prior to the 
issuance, sale and delivery- of the Bonds the Board shall 
adopt the Resolution pursuant to which the Boai'd shall: 

(a) prescribe the final foiTn, tenor, terms and condi- 
tions of and security for the Bonds; 

(b) prescribe the actual amounts, denominations, date, 
interest due dates, principal installment due dates, actual 
maturity or maturities (within the limits herein pre- 
scribed), and the place or places of payment of the Bonds, 



ORDINANCES 61 

and the final terms and conditions and details under which 
the Bonds may be called for redemption prior to their 
stated maturity; 

(c) appoint a bank having trust powers, or a trust 
company, or an individual (or individuals) as Trustee for 
the Construction Fund under the Assignment; 

(d) approve the form and contents, and authorize the 
execution and delivery (where applicable) of (i) the Loan 
Agreement, (ii) the Assignment, (iii) the Deed of Trust, 
(iv) the Assignment of Leases, and (v) such other docu- 
ments, including (without limitation) mortgages, deeds 
of trust, guaranties and security instruments as the Board 
shall deem necessary to effectuate the issuance, sale and 
delivery of the Bonds ; 

(e) determine the time of execution, issuance, sale 
and deliverj^ of the Bonds and prescribe any and all other 
details of the Bonds; 

(f ) provide for the direct payment by the Borrower of 
all costs, fees and expenses incurred by or on behalf of the 
City in connection with the issuance, sale and delivery of 
the Bonds, including (without limitation) costs of printing 
(if any) and issuing the Bonds, legal expenses (including 
the fees of Bond Counsel) and compensation to any per- 
son (other than full time employees of the City) perform- 
ing services by or on behalf of the City in connection 
therewith; 

(g) award the Bonds; and 

(h) do any and all things, and authorize the officials of 
the City to do any and all things, necessary, proper or 
expedient in connection with the issuance, sale and delivery 
of the Bonds. 

Sec. 10. And be it further ordained, That the Loan 
Agreement shall contain such terms, provisions and condi- 
tions as the Board shall prescribe in the Resolution, which 
may include (^vithout limitation) : 

(a) provisions for the making of the Loan by the City 
to the Borrower and provisions for the repayment by the 
Borrower of the principal of and interest on the Loan; 



82 ORDINANCES Ord. No. 7 

(b) a description of the security for the Loan ; 

(c) such representations, warranties, findings and af- 
firmative and neg-ative covenants as the Board may deter- 
mine to be necessary, proper or expedient in connection 
with the issuance, sale and delivery of the Bonds ; 

(d) provisions for the issuance of the Bonds and the 
application and disbursement of the proceeds of the Bonds; 

(e) provisions regarding the duration of the term of 
the Loan, ownership and possession of the Industrial Build- 
ing and the amounts payable by the Borrower; 

(f) provisions regarding damage to and condemnation 
of the Industrial Building or any part thereof and the ap- 
plication of the net proceeds of any insurance claim or 
condemnation award; 

(g) provisions for the appointment of an authorized 
City representative and an authorized Borrower represen- 
tative; 

(h) covenants with respect to the use, maintenance, 
modification, opei'ation and transfer of, and access to, 
the Industrial Building and with respect to the use of the 
proceeds of the Bonds ; 

(i) provisions regarding the assignment of the Loan 
Agreement ; 

(j) provisions regarding the prepayment of the Loan 
by the Borrower; 

(k) provisions regarding the remedies of the holder (s) 
of the Bonds (as assignee of the City) in the event of de- 
fault; and 

(1) such other terms, provisions and conditions as the 
Board may determine to be necessaiy, proper or ex- 
pedient in connection with the issuance, sale and delivery 
of the Bonds. 



Sec. 11. And be it further ordained, That the Assign- 
ment shall contain such terms, provisions and conditions 
as the Board shall prescribe in the Resolution for the pro- 
tection and enforcement of the rights and remedies of the 



ORDINANCES 63 

holders of the Bonds, which may include (without lim- 
itation) : 

(a) a description of the Bonds and the form of the 
Bonds ; 

(b) the manner of execution, registration and trans- 
fer of the Bonds; 

(c) provisions for delivery of the Bonds; 

(d) the terms and conditions under which the Bonds 
may be redeemed prior to their stated maturity and the 
details of the procedure for the redemption of the Bonds; 

(e) provisions of the custody and application of and 
security for the proceeds of the Bonds and the investment 
of such proceeds; 

(f) the remedies of the holders of the Bonds in the 
event of default; 

(g) the duties, rights and immunities of the Trustee; 

(h) the manner of execution of instruments by the 
holders of the Bonds and the method of proof of ownership 
of the Bonds; 

(i) provisions for the modification of the Assignment 
and the Loan Agreement ; 

(j) provisions for the defeasance of the Assignment; 
and 

(k) such other terms, provisions and conditions as the 
Board may determine to be necessary, appropriate or ex- 
pedient in connection with the issuance, sale and delivery 
of the Bonds. 

Sec. 12. And be it further ordained, That, as authorized 
by the Act, the Bonds shall be sold to the Original Pur- 
chaser at private (negotiated) sale upon such terms and 
conditions as shall be approved by the Board in the 
Resolution. 

Sec. 13. And be it further ordained, That the City 
hereby accepts the Letter of Intent in order to further 
evidence the commitment of the City to issue, sell and 
deliver the Bonds in accordance with the terms and pro- 
visions of this Ordinance. 



64 ORDINANCES Ord. No. 7 

Sec. 14. And he it further ordained, That neither the 
Bonds nor the interest nor redemption premium, if any, 
thereon shall ever constitute an indebtedness or general 
obligation of the City or a charge against, or pledge of the 
general credit or taxing powers of the City, within the 
meaning of any constitutional or charter provision or 
statu ton- limitation, or shall ever constitute or give rise 
to any pecuniary liability of the City. The Bonds and the 
interest and redemption premium, if any, thereon shall be 
limited obligations of the Cit\', and shall be solely payable 
from (i) cei-tain revenue derived from Loan repajTnents 
(both principal and interest) make to the City by the Bor- 
rower on account of the Loan, (ii) moneys derived from 
any collateral pledged under the Loan Agreement or under 
any assignment of lease, mortgage, deed of trust, guaranty 
or security agi'eement executed or delivered in connection 
with the Bonds or the Loan, and (ill) any other moneys 
made available to the City for such purpose. Accordingly, 
this Ordinance definitely fixes and determines the entire 
amount of the above described receipts and revenues of the 
City from the Loan (except for certain rights of the City 
to indemnification and to payments in respect of its ad- 
ministrative expenses in connection with the Bonds and 
the Loan) to be the amount of revenue derived from pay- 
ments ^^ith respect to the Loan which is necessary to be 
set apart and applied to the pajTnent of principal of, 
the interest on, and the redemption premium, if any, on 
the Bonds. The proceeds of the Bonds ^\'ill be deposited 
with the Trustee to be held and disbursed by the Trustee 
as provided in the Assignment to be approved by the Board 
in the Resolution. The pajrments to be made by the Bor- 
rower pursuant to the Loan Agreement will be paid 
directly to the holder (s) of the Bonds as provided in the 
Assignment to be approved by the Board in the Resolution. 

No such moneys will be commingled with the City's 
funds or will be subject to the absolute control of the 
City, but will be subject only to such limited supervision 
and checks as are deemed necessaiy or desirable by the 
City to insure that the proceeds of the Bonds are used to 
accomplish the public purposes of the Act and this Ordi- 
nance. 



ORDINANCES 65 

Sec. 15. And be it further ordained, That in considera- 
tion of the purchase and acceptance of the Bonds by those 
who shall hold the Bonds from time to time, the City does 
hereby, and by the execution and delivery of the Assign- 
ment to be approved by the Board, shall pledge the in- 
come and revenue under the Loan Agreement (other than 
payments to the City for indemnification or to reimburse 
the City for expenses incurred by the City itself) to the 
Original Purchaser, its successors and assigns, to be used 
and applied for the payment of the principal of and pre- 
mium (if any) and interest on the Bonds. Pursuant to 
the terms of the Loan Agreement, to be approved by the 
Board in the Resolution, payments sufficient for the prompt 
payment when due of the principal of, premium, if any, 
and interest on the Bonds are to be paid by the Borrower 
directly to the holder of the Bonds for the account of 
the City, and such payments shall be assigned by the City 
to the Original Purchaser, its successors and assigns, under 
the Assignment. 

Sec. 16. And he it further ordained. That the provisions 
of this Ordinance are severable, and if any provision, 
sentence, clause, section or part hereof is held illegal, in- 
valid or unconstitutional or inapplicable to any person or 
circumstances, such illegality, invalidity or unconstitu- 
tionality, or inapplicability shall not affect or impair any 
of the remaining provisions, sentences, clauses, sections, 
or parts of this Ordinance or their application to other 
persons or circumstances. It is hereby declared to be the 
legislative intent that this Ordinance would have been 
passed if such illegal, invalid or unconstitutional provision, 
sentence, clause, section or part had not been included 
herein, and if the person or circumstances to which this 
Ordinance or any part hereof are inapplicable had been 
specifically exempted herefrom. 

Sec. 17. And be it further ordained, That the Borrower 
shall agree that: 

(a) It will submit any plans and specifications for the 
acquisition of the Industrial Building to the Department of 
Housing and Community Development for approval, with 
the understanding that, in addition to the economic feasi- 



66 ORDINANCES Ord. No. 7 

bility of the acquisition of the Industrial Building, the 
Department of Housing and Community Development may 
consider, without limitation, the suitability of the site 
plan, architectural treatment, building plans, elevations, 
materials, color, construction details, access, parking, load- 
ing, landscaping, identification signs, exterior lighting, 
refuse collection details, streets, sidewalks, and harmony 
between the plans and the surroundings of the proposed 
Industrial Building and that the Department of Housing 
and Community Development may refuse approval of any 
such plans and specifications for aesthetic or functional 
reasons; and 

(b) It and its developers will work with the design 
advisory group appointed by the Department of Housing 
and Community Development in order to achieve high 
quality site, building, and landscape design. 

Sec. 18. And he it further ordained, That if the Bonds 
are not issued and sold within six months from the date 
on which this Ordinance is approved by the Mayor of the 
City, the authorization provided in this Ordinance for the 
City to issue and sell the Bonds shall expire; provided 
however, that the Board may, after a showing of good 
cause at a public hearing held before the Board, extend 
such authorization for one additional term not to exceed 
six months. The Board, in its sole discretion, shall deter- 
mine the sufl^ciency, or lack thereof, of the reasons pre- 
sented for any requested extension of this Ordinance. If 
an extension is granted, notice of such extension and the 
reasons therefor must be sent to the City Council. 

Sec. 19. And be it further ordained. That this Ordinance 
shall take effect from the date of its passage. 

Approved February 27, 1980. 

WILLIAM DONALD SCHAEFER. Mayor. 



J 



ORDINANCES 67 

No. 8 
(Council No. 3) 

AN ORDINANCE concerning 

Markets — Outdoor cafes near 

FOR the purpose of permitting outdoor cafes within two 
blocks of City markets 

BY repealing and reordaining with amendments 
Article 16 — Markets 
Section 2 (q) 
Baltimore City Code 1976 Edition as amended 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 2 (q) of Article 16 of the 
Baltimore City Code (1976 Edition, as amended), title 
"Markets," subtitle "Stall Spaces,*' be and it is hereby 
repealed and reordained with amendments to read as 
follows : 

2. Licenses 

(q) Minor Privileges. No permit shall be issued for 
minor privilege stalls or stands within two blocks of the 
limits of the several markets, as herein defined, except for 
outdoor table service when accessory to a restaurant u^e. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 28, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 9 
(Council No. 36) 

AN ORDINANCE concerning 

RADIOS— OUTDOOR USE 
FOR the pui-pose of prohibiting the outdoor use of sound 



68 ORDINANCES Ord. No. 9 

producing or reproducing devices in residential areas 
between 11 p.m. and 7 a.m. 

BY adding to 

Article 19 — Police Ordinances 

Subtitle— Radios 

Section (s) 131A 

Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That new Section 131 A be and it is hereby 
added to Article 19 of the Baltimore City Code (1976 
Edition, as amended), title "Police Ordinances", subtitle 
''Radios" to read as follows : 

ISIA. Use in resideyitioX areas 

(a) It is unlawful for any person to use, operate or 
permit to be played, used or operated any radio, musical 
instrument, phonograph or other machine or device for the 
producing or reproducing of sound outside the confines of a 
dwelling or a motor vehicle in a residential area between 
the hours of 11 p.m. and 7 a.m. The operation of any such 
set, instrument, phonograph, machiyie or device outside the 
coyifines of a dwelling or a motor vehicle in such a manner 
as to be plainly audible at a distance of 50 feet from the 
device shall be prima facie evidence of a violation of this 
section. 

(b) Any person violating any provisions of this section 
is guilty of a misdemeanor and upon conviction thereof 
shall be subject to a fine not exceeding one hundred dollars 
($100) for each such violation. 

(c) The provisions of this section shall not apply to 
sound equipment used at Memorial Stadium, to city- 
sponsored events in public parks, or to federal, state, or 
local governmental agencies or public service companies 
as defined in Article 78 of the Annotated Code of Manjland. 

Sec. 2. And be it further ordained, Tliat this ordinance 
shall take effect thirty days from date of passage. 

Approved February 28, 1980. 

\VILLIA:\I DONALD SCHAEFER, Mayor. 



ORDINANCES 69 

No. 10 
(Council No. 15) 

AN ORDINANCE concerning 

ZONING— APPROVAL FOR CONDITIONAL USE 
PARKING LOT IN THE PARKING LOT DISTRICT 

FOR the purpose of granting permission for the establish- 
ment, maintenance and operation of an open off-street 
parking area for the parking of motor vehicles on Lot 49, 
Final Subdivision of Lot 19 — Inner Harbor Project I, in a 
B-5-1 Zoning District, as outlined in red on the plat ac- 
companying this ordinance, under the provisions of Sec- 
tions 9.0-3d and 11.0-6d of Article 30 of the Baltimore City 
Code (1976 Edition, as amended) titled "Zoning". 

BY authority of 

Article 30 — Zoning 

Sections 9.0-3d and 11.0-6d 

Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That permission is hereby granted for the 
establishment, maintenance and operation of an open off- 
street parking area for the parking of motor vehicles on 
Lot 49, Final Subdivision of Lot 19 — Inner Harbor Project 
I, as outlined in red on the plat accompanying this ordi- 
nance, in the B-5-1 Zoning District pursuant to Sections 
9.0-3d and 11.0-6d of Article 30 of the Baltimore City Code. 

Sec. 2. And he it further ordained, That upon passage of 
this ordinance by the City Council, as evidence of the au- 
thenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordi- 
nance, he shall sign the plat. The Director of Finance shall 
then transmit a copy of the ordinance and one of the plats 
to the following: the Board of Municipal and Zoning Ap- 
peals, the Planning Commission, the Commissioner of the 
Department of Housing and Community Development and 
the Zoning Administrator. 



70 ORDINANCES Ord. No. 11 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved March 5, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 11 

(Council No. 16) 

AN ORDINANCE concerning 

ZONING— APPROVAL FOR CONDITIONAL USE 
PARKING LOT IN THE PARKING LOT DISTRICT 

FOR the purpose of granting permission for the establish- 
ment, maintenance and operation of an open off-street 
parking area for the parking of motor vehicles on Lot 12, 
Final Subdivision Lot 32, Section 2 — Otterbein Project, 
Inner Harbor West Project in a B-5-1 Zoning District, as 
outlined in red on the plat accompanying this ordinance, 
under the provisions of Sections 9.0-3d and 11.0-6d of 
Article 30 of the Baltimore City Code (1976 Edition, as 
amended) titled "Zoning". 

BY authority of 

Article 30 — Zoning 

Sections 9.0-3d and 11.0-6d 

Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That permission is hereby granted for the 
establishment, maintenance and operation of an open off- 
street parking area for the parking of motor vehicles on 
Lot 12, Final Subdivision Lot 32, Section 2 — Otterbein 
Project, Inner Harbor West Project in a B-5-1 Zoning 
District, as outlined in red on the plat accompanying this 
ordinance, in the B-5-1 Zoning District pursuant to Sec- 
tions 9.0-3d and 11.0-6d of Article 30 of the Baltimore 
City Code. 



I 



ORDINANCES 71 

Sec. 2. And he it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the or- 
dinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of the 
plats to the following: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of 
the Department of Housing and Community Development 
and the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved March 5, 1980. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 12 
(Council No. 17) 

AN ORDINANCE concerning 

ZONING— APPROVAL FOR CONDITIONAL USE 
PARKING LOT IN THE PARKING LOT DISTRICT 

FOR the purpose of granting permission for the establish- 
ment, maintenance and operation of an open off-street 
parking area on the property 709 W. North Avenue as 
outlined in red on the plats accompanying this ordinance. 

BY authority of 

Article 30 — Zoning 

Sections 6.2-ld, 9.0-3c, 9.0-3d and 11.0-6d 

Baltimore City Code (1976 Edition as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That permission is hereby granted for the 
establishment, maintenance and operation of an open off- 



72 ORDINANCES Ord. No. 13 

street parking axea on the property 709 W. North Avenue 
as outlined in red on the plats accompanying this ordi- 
nance, under the provisions of Sections 6.2-ld, 9.0-3c, 
9.0-3d and 11.0-6d of Article 30 of the Baltimore City Code 
(1976 Edition as amended) title "Zoning". 

Sec. 2. And be it further ordained, That upon passage of 
this ordinance by the City Council, as evidence of the au- 
thenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordi- 
nance, he shall sign the plat. The Director of Finance shall 
then transmit a copy of the ordinance and one of the plats 
to the following: the Board of Municipal and Zoning Ap- 
peals, the Planning Commission, the Commissioner of the 
Department of Housing and Community Development and 
the Zoning Administrator. 

Sec. 3. And be it further ordained, That the provisions 
of the aforesaid Sections 6.2-ld, 9.0-3c, 9.0-3d and 11.0-6d 
of Article 30 of the Baltimore City Code (1976 Edition as 
amended), title ^'Zoning", shall be fully complied \vith. 

Sec. 4. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved March 5, 1980. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 13 
(Council No. 48) 

AN ORDINANCE concerning 

THE AMENDMENT OF THE INNER HARBOR 
WEST URBAN RENEWAL PLAN 

FOR the purpose of amending the Inner Harbor West 
Urban Renewal Plan, which was originally approved by 



ORDINANCES 73 

Ordinance No. 1007 approved March 15, 1971, and 
amended by Ordinance No. 289, approved April 21, 1975, 
by Ordinance No. 356, approved June 27, 1977 and by 
Minor Amendment, approved by the Board of Estimates 
on June 7, 1978, to accomplish the following: 

(1) Revise Table of Contents as to Exhibit '*F" and to 
add a new Exhibit "G" ; 

(2) Provide for the exclusion of certain other prop- 
erties which are not to be acquired for the Project; 

(3) Provide for the rehabilitation, demolition or re- 
moval of all acquired properties ; 

(4) Provide for the continuance of land use controls 
for Parcel 'T" properties which are not to be acquired; 

(5) Add a new Land Use to the ''Public" category, 
entitled "Institutional" ; 

(6) Revise the 'Table of Development Areas and 
Parking Spaces" and to revise parking requirements as 
to certain listed Development Areas ; 

(7) Provide for possible waivers by the Commissioner 
for servicing requirements concerning rehabilitated struc- 
tures ; 

(8) Clarify plan and specification approval process 
for the Area 12 ; 

(9) Revise Aesthetic Controls by amending the text of 
the "Rehabilitation Standards" paragraph ; 

(10) Revise Development Area Controls to prohibit 
vehicular circulation and parking from Area lOA. 

to require a 20^ sidewalk on Paca Street and establish 
formula for parking for Area lA, 

to provide controls for new Development Areas IC, 
3C and 

to delete controls for Development Areas 6A, 6C, 7A, 
8A, 10, and 11 and establish new controls for Develop- 
ment Areas 6A, 7A, 8A, 10 and 11. 

(11) Delete Exhibits A, B, C, & E and insert new 
Exhibits A, B, C, E and G; 



74 ORDINANCES Ord. No. 13 

The said Amendments were approved by the Director 
of Department of Planning for Baltimore on January 2, 
1980 and were approved, adopted and I'ecommended by 
the Department of Housing and Community Development 
prior hereto ; now therefore ; 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the amendments and changes to Renewal 
Plan for Inner Harbor West Project, (hereinafter referred 
to as "the Amended Plan") as set forth in Section 2 hereby 
having been duly reviewed and considered are hereby ap- 
proved and the Clerk of the City Council is hereby directed 
to file a copy of said Amended Renewal Plan with the De- 
partment of Legislative Reference as a peiTnanent public 
record and to make the same available for public inspec- 
tion and information. 

Sec. 2. And he it further ordained, That the amendments 
and changes having been reviewed and considered as part 
of the aforesaid complete Amended Renewal Plan, are fully 
set forth, as follows : 

a) On Page 1 in the Table of Contents add the words 
and numerals "in Area 12" to the title of Exhibit F. 

b) On Page 1 in the Table of Contents following Exhibit 
F add Exhibit "G. Exterior Rehabilitation Guidelines". 

c) On Page 6 of the Plan in Section H Subsection C, 
entitled 'Types of Proposed Renewal Action", add new 
paragraph f. as follows: 

"f. Parcel "F" shall include the following: 

(1) (Katzenstein property) Beginning for the First at 
the comer formed by the intersection of the north side of 
Pratt Street and the west side of Sharp Street, and i-unning 
thence westerly bounding on the north side of Pratt Street 
thirty-three feet; thence northerly parallel with Sharp 
Street seventy-two feet six inches to the southern boundary 
line of the ground fourthly described in the lease dated 
November 12th, 1866, and recorded among the Land 
Records of Baltimore City in Liber A.M. No. 320, folio 
123, from the Trustees of the Sheppard Asylum to E. R. 
Hoffman ; thence easterly binding on the said southern 



ORDINANCES 75 

boundary line and parallel with Pratt Street thirty-three 
feet to the west side of Sharp Street, and thence running 
southwardly binding on Sharp Street seventy-two feet and 
six inches to the place of beginning. 

Saving and resenang from the said piece or parcel of 
ground, and from the north end thereof four feet of ground 
in width extending eastwardly into Sharp Street, and com- 
municating with the alley three feet six inches wide in the 
above lease referred to, and both of which alleys are for 
the use and privilege in common of the grounds bounding 
thereon and described in the lease above referred to. The 
improvements thereon being known as Nos. 200-202 West 
Pratt Street. 

" (2) (Pratt Furniture property) Beginning for the same 
at a point on the north side of Pratt Street, as now laid 
out 66 feet wide, distant 33 feet Westerly measured 
along the north side of said Pratt Street, from Hopkins 
Place, as now laid out varying in width and running thence 
binding on the north side of said Pratt Street, Westerly 
60.5 feet to the beginning of the second line of the second 
parcel of land conveyed by the City Real Estate Company 
to the Harmin Company by deed dated January 5, 1945 
and recorded among the Land Records of Baltimore City 
in Liber M.L.P. No. 6694 Folio 598 ; thence binding on the 
second line of the second parcel of land described in said 
deed, Northerly 72.5 feet; thence binding in part on the 
third line of the second parcel of land described in said 
deed, in part on the third line of the first parcel of land 
described in said deed, in part on the third line of the 
parcel of land conveyed by Morris Mogol and Jesse Mogol 
to Paul Landsman "etal'* by deed dated June 25, 1956 
and recorded among the Land Records of Baltimore City 
in Liber M.L.P. No. 10156 Folio 11, and in all parallel 
with said Pratt Street, Easterly 60.5 feet and thence 
binding on the last line of last said deed, Southerly 72.5 
feet to the place of beginning. 

"(3) (Fudman property) Beginning for the same on the 
line on the west side of Sharp Street (sometimes called 
Hopkins Place) at the distance of 91 feet 6 inches north- 
wardly from the corner formed by the intersection of the 
north side of Pratt Street and the said west side of Sharp 
Street and running thence southwardly binding on Sharp 



76 ORDINANCES Ord. No. 13 

Street 19 feet to an alley 4 feet wide then westwardly 
binding on the north side of said alley and parallel with 
Pratt Street 93 feet 6 inches or thereabouts to the second 
line of the ground that by indenture bearing date the 
5th day of June, 1848, and recorded among the Land 
Records of Baltimore City in Liber A.W.B. 397, folio 404, 
was granted and conveyed by William Robinson, acting 
Trustee and Executor of Amos James, deceased, to Closes 
Shepard, thence northwardly with said second line and 
binding thereon 19 feet and thence eastwardly 93 feet 
6 inches to the place of beginning. Saving and reselling 
therefrom and from the west end thereof 3 feet 6 inches 
of ground in width and extending across the said ground 
towards forming an alley running northwardly and south- 
wardly 3 feet 6 inches wide to communicate \\ith another 
alley 4 feet wide and extending eastwardly into Sharp 
Street. KnowTi as No. 124 Hopkins Place (formerlv Sharp 
Street) . 

"The rehabilitation standards established by Exhibit 
"G" of this Plan shall apply to the properties described in 
Parcel "F". Plans shall be submitted to the Department 
for approval within six (6) months of the adoption hereof 
and rehabilitation shall be completed in a manner ac- 
ceptable to the Department within twelve (12) months 
after plans are approved. This time schedule may be ex- 
tended for cause in the sole discretion of the Commissioner. 
Should this schedule not be met and no extension be 
granted, then the properties described in Parcel "F" will 
be subject to acquisition and disposition by the Department 
in accordance \nth the provisions of this Plan." 

d) On Page 6 of the Plan in Section II Subsection C, 
entitled "Types of Renewal Action'*, delete Paragraph 3 
and insert in lieu thereof: 

"3. All properties to be acquired shall be either reha- 
bilitated in accordance with the provisions of this Plan 
or demolished or relocated." 

e) On Page 6 of the Plan in Section IV, Subsection B, 
entitled "Land Use Provisions" in paragraph 1 add the 
f ollo\ving words to the end of the sentence : 

", as well as on Parcel "F" of the properties not to be 
acquired." 



ORDINANCES 77 

f ) On Page 6 of the Plan in Section IV, Subsection B, 
entitled "Land Use Provisions" in Paragraph 2 subpara- 
graph d. add to the list of peimitted uses: ''(8) Insti- 
tutional" 

g) On Page 8 of the Plan in Section V, Subsection C, 
entitled 'Tarking", delete the table of Development Areas 
and Parking Spaces following the second paragraph and 
insert in lieu thereof: 



velopment 


No, of 


Area 


Spaces 


la 


125 


2a 


100 


3a 


400 


5a 


400 


6a 


250 


7a 


300 


10 


185 



h) On Page 8 of the Plan in Section V, Subsection C, 
entitled 'Tarking" in the first sentence follo\ving the table 
delete Development Areas **6a, 6c" and delete the numerals 
"700" and insert in lieu thereof the numerals "240". 

i) On Page 8 of the Plan in Section V, Subsection C, 
entitled "Parking", in the last sentence add the number 
"10 and 10a" so that the provision states: 

"All parking within any Development Area, except De- 
velopment Areas 2a, 10, 10a, 11 and 12, shall be en- 
closed. . . ." 

j) On Page 9 of the Plan in Section V, Subsection D, 
entitled "Servicing", in the first sentence following the 
numeral 12 insert the following : 

"and where written exception by the Conmiissioner is 
granted for existing buildings being rehabilitated." 

k) On Page 10 of the Plan in Section V, Subsection H, 
entitled "Aesthetic Controls and Re\dews", paragraph l.a. 
in the first sentence delete the words "the rehabilitation 
area only" and insert in lieu thereof the word and numerals 
"Area 12". 



78 ORDINANCES Ord. No. 13 

1) On Page 10 of the Plan in Section V, Subsection H, 
entitled "Aesthetic Controls and Reviews", delete para- 
graph 5 and insert in lieu thereof : 

"5. Rehabilitation Standards: In addition to the above, 
all property in Area 12 will be rehabilitated in accordance 
with the guidelines in Exhibit "F". All other property to 
be rehabilitated will be rehabilitated in accordance with 
the guidelines in Exhibit "G". Both Exhibits are attached 
hereto and made part hereof. Exhibits "F" and "G" may 
be amended from time to time by the Department without 
amendment to this Plan." 

m) On Page 11 of the Plan in Section V, Subsection 0, 
entitled "Development Area Controls" under the develop- 
ment designated as public in paragraph b. add the words 
and numerals "and Area lOA." 

n) On Page 12 of the Plan in Section V, Subsection 0, 
entitled "Development Area Controls" in the Standards and 
Controls for Development Area lA delete the portion of 
subparagraph b. iii. which states "No setback required" 
and insert in lieu thereof "As required for a 20' sidewalk 
on Paca Street." 

o) On Page 12 of the Plan in Section V, Subsection 0, 
entitled "Development Area Controls" in the Standards 
and Controls for Development Area lA delete the portion 
of subparagraph v. which states "No parking permitted 
above grade" and insert in lieu thereof "100 spaces plus 
1.0 spaces for each 800 sq. ft. of commercial space and 
1.0 spaces for each dwelling unit." 

p) On Page 12 of the Plan in Section V, Subsection 0, 
entitled "Development Area Controls" following the stand- 
ards and controls for Development Area lA, add the fol- 
lowing: 

''Development Area IC 

a. General Use : Commercial 

b. Building Requirements: If the buildings on this site 
are not demolished, rehabilitation of existing properties in 
accordance with the guidelines contained in Exhibit "G" 
shall be required. New development will be peiTnitted on 
cleared areas of the site as approved by the Department." 



I 



ORDINANCES 79 

q) On Page 12 of the Plan in Section V, Subsection 0, 
entitled "Development Area Controls" following the stand- 
ards and controls for Development Area 3A, add the fol- 
lowing: 

** Development Area 3C 

a. General Use: Commercial-Residential 

b. Building Requirements: If the buildings on this site 
are not demolished, rehabilitation of existing properties in 
accordance with the rehabilitation guidelines contained in 
Exhibit "G" shall be required. New development \vill be 
permitted on cleared areas of the site as approved by the 
Department." 

r) On Page 13 of the Plan in Section V, Subsection 0, 
entitled "Development Area Controls" delete the Standards 
and Controls for Development Area 6A and 6C and insert 
in lieu thereof: 

''Development Area 6A 

a. General Use: Commercial-Residential 

b. Building Requirements: 

i. Maximum permitted height: El. 270.' ± or 225.0' zb 
above grade at the southwest comer of the site. 

ii. Maximum permitted coverage: 

100% to 5' above grade 
Above 5' above grade, 55% 

iii. Setbacks: Paca Street — As required to maintain a 
20-ft. sidewalk (± 4.0 ft.) 

Pratt Street — None 
Eutaw Street — None 

Camden Street: As required to maintain a 17-ft. side- 
walk (± 4.0 ft.) 

c. Parking : Not less than 250 spaces. 

d. Vehicular Access: None allowed from Pratt or Paca 
Street north of the median." 



80 ORDINANCES Ord. No. 13 

s) On Page 13 of the Plan in Section V, Subsection 0, 
entitled "Development Area Controls" delete the Standards 
and Controls for Development Area 7A and insert in lieu 
thereof : 

** Development Area 7 A 

a. General Use: Commercial-Residential and Public Park 

b. Building Requirements: 

i. Maximum permitted height: El. 150.0' zt 

ii. Maximum permitted coverage : 65 % 

iii. Setbacks : Camden Street — As required to maintain a 
17-ft. sidewalk (± 7ft.) 

Eutaw Street — None 
Pratt Street — None 

Howard Street — As required to maintain a 20-ft. side- 
walk (± 4 ft.) 

c. Parking : Not less than 300 spaces. 

d. Vehicular Access: None allowed from Pratt or Cam- 
den Streets." 

t) On Page 14 of the Plan in Section V, Subsection 0, 
entitled "Development Area Controls" delete the Standards 
and Controls for Development Area 8 A and insert in lieu 
thereof : 

''Development Area SA 

a. General Use: Public and Commercial-Residential 

b. Building Requirements: 

i. Maximum permitted height: El. 150.0^ ± 

ii. Maximum permitted coverage: 

100% up to El. 50.0' 
75% between El. 50.0' and 110.0' 
50% between El. 110.0' and 150.0' 

iii. Setbacks: Howard Street — As required to maintain a 
20-ft. sidewalk (± 5.0 ft.) 

Pratt Street — None 



ORDINANCES 81 

Sharp Street — As required to maintain a 20-ft. sidewalk 
(± 8 ft.) 

Camden Street — As required to maintain a 20-ft. side- 
walk (±: 8 ft.) 

c. Parking : None required. 

d. Vehicular Access: None allowed from Pratt Street." 

u) On Page 15 of the Plan in Section V, Subsection 0, 
entitled "Development Area Controls" delete the standards 
and controls for Development Area 10 and insert in lieu 
thereof: 

** Development Area 10 

8l. General Use: Residential 

b. Size of Facilities — Not less than 185 or more than 750 
parking spaces 

c. Building Requirements: No more than 600 dwelling 
units with a parking ratio of .075 or 1.0 at the discretion 
of the Departinent 

i. Maximum permitted height: El. 270.0' 

ii. Maximum permitted coverage: in all portions of the 
area: above grade and up to El. 35.0' 85% above El. 35.0' 
30% 

v) On Page 15 of the Plan in Section V, Subsection 0, 
entitled "Development Area Controls" delete the Standards 
and Controls for Development Area 11 and insert in lieu 
thereof : 

"Development Area 11 

a. General Use: Residential 

The predominant use shall be housing, including its ac- 
cessory parking. 

b. Size of Facilities: 

1. Housing — not less than 235 

ii. Parking — not less than 200 spaces 



82 ORDINANCES Ord. No. 13 

c. Building Requirements: 

i. Maximum permitted height : 

In all portions of the area except those designated as 
tower : 70' above grade 

In all portions of the area designated as tower areas: 
150' above grade 

ii. Maximum permitted coverage: 

In all portions of the area except those designated as 
tower, neighborhood retail center, or public easements: 
50% 

In all portions of the area designated as tower: 100% 

iii. Setbacks: None 

iv. Vehicular access: No access to the area is permitted 
except from those areas designated by the department. 

v. Parking: No more than one level of parking above 
grade shall be permitted." 

w) Delete Exhibits A, B, C, and E and insert in lieu 
thereof Exhibits A, B, C, and E as revised through August 
16, 1979. 

x) Add Exhibit "G" Exterior Rehabilitation Guidelines. 

Sec. 3. And be it further ordained, That in whatever 
respect, if any, the Amended Renewal Plan approved 
hereby for the Inner Harbor West Project may not meet 
the requirements as to the content of a renewal plan or 
the procedure for the preparation, adoption, and approval 
of renewal plans as provided in Article 13 of the Balti- 
more City Code (1976 Edition, as amended), the said re- 
quirements are hereby waived and the amended Renewal 
Plan approved hereby is exempted therefrom. 

Sec. 4. And he it further ordained, That in the event it 
be judicially deteiTnined that any word, phrase, clause, 
sentence, paragraph, section or part in or of this ordinance 
or the application thereof to any person or circumstances 
is invalid, the remaining provisions and the application of 
such provisions to other persons or circumstances shall 



ORDINANCES 83 

not be affected thereby, the Mayor and City Council hereby 
declaring" that they would have ordained the remaining 
provisions of this ordinance without the word, phrase, 
clause, sentence, parag-raph, section or part of the applica- 
tion thereof so held invalid. 

Sec. 5. And be it further ordained, That in any case 
where a provision of this ordinance concerns the same sub- 
ject matter as an existing provision of any zoning, build- 
ing, electrical, plumbing, health, fire or safety ordinance 
or code or regulation, the applicable provisions concerned 
shall be construed so as to give effect to each; provided, 
however, that if such provisions are found to be in irrec- 
oncilable conflict; the provision which establishes the 
higher standard for the promotion and protection of the 
public health and safety shall prevail. In any case where 
a provision of this ordinance is found to be in conflict with 
an existing provision of any other ordinance or code or 
regulation in force in the City of Baltimore which estab- 
lishes a lower standard for the promotion and protection 
of the public health and safety, the provision of this 
ordinance shall prevail, and the other existing provision of 
such other ordinance or code or regulation is hereby re- 
pealed to the extent that it may be found in conflict with 
this ordinance. 

Sec. 6. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 5, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 14 
(Council No. 54) 

AN ORDINANCE concerning 

REZONING— ROLAND PARK COUNTRY SCHOOL 
FOR the purpose of changing the zoning for the property 



84 ORDINANCES Ord. No. 14 

North of 40th Street and West of Kittery Lane from 
the R-2 Zoning District to the R-5 Zoning District as out- 
lined in red on the AMENDED plats accompanying this 
ordinance. 

BY amending Zoning District Maps 
Sheet No. 25 
Article 30 — Zoning 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheet No. 25 of the Zoning District Maps 
of Article 30 of the Baltimore City Code (1976 Edition, 
as amended) title "Zoning" be and it is hereby amended by 
changing from the R-2 Zoning District to the R-5 Zoning 
District the property North of 40th Street and West of 
Kittery Lane as outlined in red on the AMENDED plats 
accompanying this ordinance. 

Sec. 2. And he it fiirther ordained, That upon passage of 
this ordinance by the City Council, as evidence of the au- 
thenticity of the AMENDED plat which is a part hereof 
and in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
City Council shall sign the AMENDED plat and when the 
Mayor approves the ordinance, he shall sign the 
AMENDED plat. The Director of Finance shall then trans- 
mit a copy of the ordinance and one of the AMENDED 
plats to the following: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of 
the Department of Housing and Community Development 
and the Zoning Administrator. 

Sec. 3. And he it further ordained. That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved March 5, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 85 

No. 15 
(Council No. 55) 

AN ORDINANCE concerning 

ZONING— APPROVAL FOR CONDITIONAL USE 
HOUSING FOR THE ELDERLY 

FOR the purpose of granting permission for the establish- 
ment, maintenance and operation of housing for the 
elderly on the property North of 40th Street and West 
of Kittery Lane as outlined in red on the AMENDED 
plats accompanying this ordinance. 

BY authority of 
Article 30 — Zoning 
Sections 4.5-ld and 11.0-6d 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That permission is hereby granted for the 
establishment, maintenance and operation of housing for 
the elderly on the property North of 40th Street and West 
of Kittery Lane, as outlined in red on the AMENDED plats 
accompanying this ordinance, under the provisions of Sec- 
tions 4.5-ld and 11.0-6d of Article 30 of the Baltimore City 
Code (1976 Edition, as amended) title "Zoning". 

Sec. 2. And he it further ordained, That upon passage of 
this ordinance by the City Council, as evidence of the au- 
thenticity of the AMENDED plat which is a part hereof 
and in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
City Council shall sign the AMENDED plat and when the 
Mayor approves the ordinance, he shall sign the AMEND- 
ED plat. The Director of Finance shall then transmit a 
copy of the ordinance and one of the AMENDED plats to 
the following : the Board of Municipal and Zoning Appeals, 
the Planning Commission, the Commissioner of the Depart- 
ment of Housing and Community Development and the 
Zoning Administrator. 



86 ORDINANCES Ord. No. 16 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved March 5, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 16 

(Council No. 56) 

AN ORDINANCE concerning 

ZONING— PLANNED UNIT DEVELOPMENT 

FOR the purpose of approving the application of the Roland 
Park Country School, Inc., the owner of certain property 
lying north of 40th Street and west of Kittery Lane, con- 
sisting of 8 acres, more or less and Lutheran Hospital of 
Maryland, Inc. the optionee of said property, to have said 
property designated as a Planned Unit Development in ac- 
cordance with Sections 12.0-1 and 12.0-2 of Article 30 of 
the Baltimore City Code (1976 Edition, as amended) ; and 
to approve the development plan submitted by said appli- 
cants, subject to the condition that in addition to the 
modification procedures outlined in Section 12.0-lb of the 
Zoning Code, future uses will be subject to design ap- 
proval by the Planning Commission. 

Whereas, The Roland Park Country School, Inc. is the 
owner of the property lying generally north of 40th Street 
and west of Kittery Lane, consisting of 8 acres, more or 
less; and 

Whereas, The Lutheran Hospital of Maryland, Inc. has 
an option to purchase said property for the purpose of estab- 
lishing, maintaining, and operating housing designed for the 
elderly on said property, subject to satisfactory and appro- 
priate zoning of the property ; and 

Whereas, On December 27, 1979, the applicants met with 
the Depai-tment of Planning of Baltimore City to hold a pre- 
petition conference to explain the scope and nature of exist- 



ORDINANCES 87 

ing and proposed development on the property in order to 
institute proceedings to have said property designated a 
Planned Unit Development; and 

Whereas, Together herewith, the applicants have made 
formal application to the City Council of Baltimore City 
and have submitted the requisite development plan, includ- 
ing the following: Existing Conditions, Sheet No. 1, dated 
Docombor, iO^O FEBRUARY, 1980; Overall Development 
Plan, Sheet No. 2, dated Docombor> i^5^ FEBRUARY, 
1980; Architectural Elevation, Sheet No. 3 dated December, 
1979 ; and Time Schedule for Implementation, Sheet No. 4, 
(all four sheets collectively referred to as ''the development 
plans"), intended to satisfy the requirements specified in 
Sections 12.0-1 and 12.0-2 of Article 30 of the Baltimore 
City Code (1976 Edition, as amended) ; now therefore 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the application of the owner and optionee 
of the property generally lying north of 40th Street and 
west of Kittery Lane, consisting of 8 acres, more or less, as 
outlined in the development plans accompanying this ordi- 
nance, to designate the property as a Planned Unit Develop- 
ment pursuant to Article 30, Sections 12.0-1 and 12.0-2 of 
the Baltimore City Code (1976 Edition, as amended), be 
and it is hereby approved. 

Sec. 2. And he it further ordained, That the development 
plans submitted by the applicants, attached hereto and 
made a part hereof, be and they are hereby approved. 

Sec. 3. And he it further ordained, That landscaping 
plans, the design of any covered parking, and the owner^s 
proposals for the articulation of the exterior building design 
shall be subject to review and approval of the Planning 
Commission. 

Sec, 4. And he it further ordained. That changes in the 
development plans, initiated by the owner which do not vary 
the use of the property from housing for the elderly and do 
not increase the density of said use beyond 240 residential 
units plus 60 nursing beds, shall be permitted subject only 
to review and approval by the Planning Commission. 



88 ORDINANCES Ord. No. 17 

Sec. 5. And be it further ordained, That upon passage of 
this ordinance by the City Council, as evidence of the au- 
thenticity of the development plans which are a part hereof 
and in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
City Council shall sign the development plans and when the 
Mayor approves the ordinance, he shall sign the develop- 
ment plans. The Director of Finance shall then transmit a 
copy of the ordinance to the Board of Municipal and Zoning 
Appeals, the Planning Commission and the Zoning Admin- 
istration. 

Sec. 6. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved March 5, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 17 
(Council No. 67) 

AN ORDINANCE concerning 

ISSUANCE OF URBAN DEVELOPMENT REVENUE 
BONDS— (WASHINGTON VILLAGE PROJECT) 

FOR the purpose of authorizing and providing for the is- 
suance, from time to time, by Mayor and City Council 
of Baltimore (the "City") of its revenue bonds, desig- 
nated "Urban Development Revenue Bonds (Washing- 
ton Village Project)" in an aggregate principal amount 
not exceeding $400,000 pursuant to the provisions of 
Subsection (50) of Article II of the Charter of Balti- 
more City (1964 Revision, as amended), in order to use 
the proceeds for the sole and exclusive puiT)ose of (a) 
financing the acquisition or construction of buildings and 
structures for medical office use, and related uses to be 
located on certain real property in the City of Baltimore 
and to be owned by Washington Village Community 
Medical Center, Inc., as provided in this ordinance, and 



ORDINANCES 89 

(b) paying the costs of issuance of such bonds; making 
certain legislative findings, among others, concerning the 
public benefit and purpose of the revenue bonds; pro- 
viding that such revenue bonds (a) shall be payable 
solely and only from: (i) revenue derived from pay- 
ments by Washington Village Community Medical Cen- 
ter, Inc., to the City pursuant to the "Loan Agreement", 
as defined in this Ordinance, or such other security in- 
strument as may be provided, and (ii) certain proceeds 
of such revenue bonds, and (b) shall not ever constitute, 
within the meaning of Section 7 of Article XT of the 
Constitution of ^Maryland or any other constitutional, 
statutory or charter provision or otherwise (i) a debt 
or general obligation of the City or any other political 
subdivision or (ii) a pledge of or an involvement of the 
faith and credit or the taxing powers of the City or any 
other political subdivision ; providing that this ordinance 
shall constitute, upon requisite approval, a binding and 
enforceable commitment by the City to Washington Vil- 
lage Community Medical Center, Inc. to issue the revenue 
bonds so anticipated; authorizing the private (nego- 
tiated) sale of such revenue bonds ; providing that certain 
matters pertaining to such revenue bonds, including 
(without limitation) the sale of any series, the amounts 
and dates of any series, maturity or maturities, interest 
rate or rates, sinking fund requirements, redemption 
provisions and the appointment of a trustee to act under 
this ordinance, shall be determined administratively at 
or prior to the time of the sale of any series of such 
revenue bonds by resolution of the Board of Finance of 
the City, unless the City shall othei-wnse prescribe; pro- 
viding that the Board of Finance may determine by reso- 
lution or by other appropriate action all other matters 
pertaining to the issuance, sale or deliveiw of any series 
of such revenue bonds, including (^rithout limitation) 
the provisions of trust between the City and the trustee, 
the creation of a construction fund to be held by the 
trustee and provisions for its disbursement, provision 
for the investment of moneys held by the trustee, pro- 
vision of remedies for bondholders in the event of de- 
fault and pro\ision for the enactment of supplemental 
ordinances and resolutions; providing that all or a por- 
tion of such revenue bonds may be refunded; providing 



90 ORDINANCES Ord. No. 17 

that the authorization of such revenue bonds shall ex- 
pire if such revenue bonds are not issued and sold within 
one year from the date on which this ordinance is ap- 
proved, unless such authorization is extended by the 
Board of Finance for an additional term of not to exceed 
six months ; and generally providing for and determining 
various matters in connection with the authorization, is- 
suance, security, sale and payment of such revenue bonds. 

RECITALS 

A. Subsection (50) — Revenue Bonds and Obligations, 
of Article II of the Charter of Baltimore City (1964 Re- 
vision, as amended) (the "Enabling Law") authorizes 
the Mayor and City Council of Baltimore (the "City") 
to borrow money through the issuance and sale of its 
revenue bonds for the accomplishment of any of the pur- 
poses, objects and powers of the City. Revenue bonds 
issued pursuant to the Enabling Law shall be payable, as 
to both principal and interest, solely from and secured 
solely by (i) the revenues from or arising in connection 
with the property, facilities, developments and improve- 
ments whose financing is undertaken by issuance of the 
bonds, (ii) the revenues from or arising in connection 
with any contracts, mortgages or other securities pur- 
chased or otherwise acquired \\'ith the proceeds of the 
bonds, (iii) the contracts, mortgages or other securities 
purchased or otherwise acquired with the proceeds of the 
bonds, or (iv) any combination of (i), (ii) or (iii). 
(The matters recited in (i), (ii), (iii) and (iv) are 
occasionally referred to as the "Security".) 

B. The Enabling Law authorizes the City to authorize 
and empower the Commissioners of Finance of the City 
(pursuant to Resolution 13 of Mayor and City Council 
of Baltimore, approved by the Mayor August 14, 1978, 
adopted by referendum on November 7. 1978, the powers 
of the Commissioners of Finance were vested in the 
Board of Finance, and hereinafter "Board of Finance" 
shall designate the former Commissioners of Finance) 
by resolution: (i) to determine and set forth certain 
matters pertaining to the bonds, including but not limited 
to, the form, terms, provisions, manner or method of 
issuing and selling (including negotiated as well as com- 



ORDINANCES 91 

petitive bid sale) , and the time or times of issuance, and 
any and all other details of any such bonds, and the is- 
suance and sale thereof; and (ii) to do any and all 
things necessary, proper or expedient in connection with 
the issuance and sale of such bonds authorized to be 
issued under the Enabling Law. 

Any bonds issued pursuant to the Enabling Law may 
be secured by a trust agreement between the City and a 
corporate trustee, which may be any trust company, or 
bank having trust powers, within or without the State 
of Maryland. The Enabling Law authorizes the City to 
authorize the Board of Finance to approve the form of 
the trust agreement. 

The trust agreement may: (i) pledge or assign all 
or any part of the Security; (ii) contain whatever pro- 
visions for the protection and enforcement of the rights 
and remedies of bondholders are deemed reasonable and 
proper; (iii) set forth the rights and remedies of the 
bondholders and of the trustee and may restrict the in- 
dividual right of action by bondholders; and (iv) con- 
tain whatever other provisions are deemed reasonable 
and proper for the security of the bondholders. 

C. Subsection (15) — Land Development and Redevel- 
opment, of Article II of the Charter of Baltimore City 
(1964 Revision, as amended) (the "Redevelopment 
Law") authorizes the City: (i) to acquire land and 
property in the City of Baltimore, Maryland C'Balti- 
more") for development or redevelopment, including but 
not limited to the comprehensive renovation or rehabili- 
tation thereof; (ii) to develop and redevelop, including 
but not limited to the comprehensive renovation or re- 
habilitation of, any and all land or property acquired 
pursuant to the Redevelopment Law; (iii) to sell, lease, 
convey, transfer or otherwise dispose of any of said land 
or property, regardless of whether or not it has been 
developed, redeveloped, altered or improved and irre- 
spective of the manner or means in or by which it may 
have been acquired, to any private, public or quasi public 
corporation, partnership, association, person or other 
legal entity, for development or redevelopment, including 
but not limited to, the comprehensive renovation or re- 



92 ORDINANCES Ord. No. 17 

habilitation thereof; and (iv) to preserve for the City 
or any departments or agencies thereof, any of said 
land or property, or any rights or interests therein, for 
public use, irrespective of the manner or means in or by 
which it may have been acquired. 

D. As part of the overall plan and strategy for the 
development and redevelopment of Baltimore, the City 
adopted Ordinance No. 538 on March 1, 1974 approving 
a Renewal Plan for a project now known as Fi'emont 
(the "Project Area"), which designated lots available 
for disposition to developers and the standards and con- 
trols which govern the use of such lots. The City ac- 
quired title to Lot No. 2 Fremont, generally bounded by 
Harbor City Boulevard, Ramsey Street, W. Barre Street 
and Washington Boulevard in the Project Area (the 
"Property'*), and entered into an Agreement and In- 
denture of Lease (the "Agreement"), dated May 17, 1978 
with Washington Village Community Medical Center, 
Inc. ("Washington Village") for the development of the 
Property. 

E. The development of the Property pursuant to the 
Agreement is a vital element in the rehabilitation of the 
Project Area. Under the Agreement, Washington Village 
has agreed to construct a medical office building (the 
"Project") and to operate the Project in order to make 
moderately priced primary medical care available to the 
members of the Southwest Community in Baltimore (the 
"Community"). 

F. In order to achieve the development objectives au- 
thorized by the Redevelopment Law, the City proposes 
to finance a portion of the Project by the issuance of 
revenue bonds pursuant to this ordinance. 

G. The City has determined to issue and sell in an 
amount not to exceed $400,000 aggregate principal 
amount of its "Urban Development Revenue Bonds 
(Washington Village Project)" (the "Bonds") and to 
use the proceeds of the Bonds (a) to finance the acquisi- 
tion and construction of a portion of the Project by 
direct loan to Washington \'illage and (b) to pay the 
costs of issuance of the Bonds, including the expense of 



ORDINANCES 93 

engraving and printing the Bonds, the legal documents 
related thereto, advertising, legal and accounting fees 
and all other incidental expenses connected therewith 
(the "Costs of Issuance"). The terms and conditions of 
the financing shall be set forth in a loan agreement (the 
"Loan Agi'eement") with Washington Village which 
document shall be approved and executed pursuant to 
this ordinance. The public purposes of the financing are 
(i) to achieve the development of land acquired by the 
City pursuant to the Redevelopment Law, (ii) to pro- 
vide for essential health needs in Baltimore, (iii) to pre- 
vent the deterioration of existing commercial and resi- 
dential facilities and neighborhoods in Baltimore, and 
(iv) to encourage the rejuvenation of the Community 
and Baltimore's downtown area, thereby encouraging 
economic development and protecting the health, welfare 
and safety of the citizens of the State of Maryland and 
of Baltimore. 

Section 1. Be it ordained by Mayor and City Council 

of Baltimore, That, acting pursuant to the Enabling Law, 
it is hereby found and determined, as follows: 

(1) There is a need for additional health and related 
facilities, in conjunction \\dth residential development, in 
the Community and in Baltimore. As a result of this need 
not being met, there has been a movement of financially 
self-sufficient taxpayers from Baltimore to surrounding 
subdivisions. 

(2) The issuance of revenue bonds by the City pursuant 
to the Enabling Law to finance development of medical 
offices and related facilities will achieve the development 
objectives authorized by the Redevelopment Law, will 
foster both the creation of new commercial and residential 
facilities and the renovation and rehabilitation of existing 
facilities, and will encourage investment and re-investment 
in such development activity by private industry in both 
the Community and Baltimore. 

(3) The accomplishment of the transactions contem- 
plated and authorized by this ordinance, including (with- 
out limitation) the development of medical office and re- 
lated facilities and the financing thereof will accomplish 



94 ORDINANCES Ord. No. 17 

a public purpose and meet existing public needs by (1) 
developing land acquired by the City pursuant to the Re- 
development Law in a planned, orderly and harmonious 
fashion, compatible with both existing and future develop- 
ment, (ii) creating additional medical office and related 
facilities in the Community and in Baltim.ore, (iii) re- 
tarding or reversing the movement of financially self- 
sufficient taxpayers from Baltimore to surrounding sub- 
divisions, (iv) preventing the further deterioration of 
existing commercial and residential facilities and neighbor- 
hoods within Baltimore, and (v) furthering the rejuvena- 
tion and economic development of the Community and 
Baltimore. 

(4) Neither the Bonds nor interest coupons issued under 
the authority of the Enabling Law constitute (i) a debt 
or general obligation of the City or any other political 
subdivision, or (ii) a pledge of or an involvement of the 
faith and credit or the taxing powers of the City or any 
other political subdivision, all within the meaning of Sec- 
tion 7 of Article XI of the Constitution of Maryland or 
any other constitutional, statutorj^ or charter provision, 
and the Bonds and any interest coupons attached thereto 
shall never constitute or give rise to any pecuniary liability 
of the City. The principal of and interest on the Bonds 
shall be payable from, and secured by (a) an assignment 
of the revenues realized under the Loan Agreement, which 
in turn derive from or arise in connection with the prop- 
erty, facilities, developments and improvements, the financ- 
ing of which is undertaken by the issuance of the Bonds, 
and (b) any proceeds of the Bonds not expended on the 
costs of the Project or the Costs of Issuance. The Bonds 
may be additionally secured (without in any way specify- 
ing or limiting the terms of such additional security) by 
(i) one or more mortgage liens on or security interests in 
the Project (or any interest therein including a leasehold 
estate), facilities, developments and improvements, financed 
by the proceeds of the Bonds, with the payments under the 
mortgage or security instrument assigned to the trustee 
for the holders of the Bonds (the "Bondholders") ; or (ii) 
insuring the mortgage payments through such Federal, 
State or municipal fund or other agency pennitted by 
applicable law to perform insuring functions; or (iii) as- 



ORDINANCES 95 

signing the proceeds of the mortgage insurance to the trus- 
tee for the Bondholders; or (iv) such other security as the 
Board of Finance may approve; or (v) any combination 
of (i), (ii), (iii) and (iv). The principal amount of the 
Bonds and the payments to be made pursuant to the Loan 
Agreement will be paid directly to, and will be disbursed 
by, the independent trustee appointed by the Board of 
Finance pursuant hereto. No such moneys will be either 
commingled with the City's funds or made subject to the 
absolute control of the City, except for such limited super- 
vision and checks as are deemed necessary or desirable by 
the City to insure that the proceeds of the Bonds are used 
to accomplish the public purposes of the Enabling Law 
and this ordinance. The transactions authorized hereby do 
not constitute a public improvement or a capital project 
within the meaning of any charter or statutory provision. 
The public purposes expressed in this ordinance are in- 
tended to be achieved by developing property acquired by 
the City pursuant to the Redevelopment Law, providing 
medical office and related facilities within the Community 
and Baltimore for taxpayers, retarding or reversing the 
movement of financially self-sufficient taxpayers from Bal- 
timore to surrounding subdivisions, preventing the de- 
terioration of existing commercial and residential facilities 
and neighborhoods in Baltimore and encouraging the re- 
juvenation and economic development of Baltimore. 

Sec. 2. And be it further ordained, That, this ordinance 
is intended to be, and shall constitute a binding and en- 
forceable commitment by the City to issue and deliver the 
Bonds authorized hereby in accordance with the terms 
hereof. 

Sec. 3. And be it further ordained, That, the issuance, 
sale and delivery of an amount not exceeding $400,000 
aggregate principal amount of revenue bonds, hereby desig- 
nated ''Urban Development Revenue Bonds (Washington 
Village Project) '* is hereby authorized, subject to the pro- 
visions of this ordinance. The proceeds of the Bonds are 
to be used (a) to finance a portion of the cost of the ac- 
quisition and construction of the Project and (b) to pay 
the Costs of Issuance. The Bonds are to be solely and ex- 
clusively payable from, and secured by (a) the revenue 



96 ORDINANCES Ord. No. 17 

derived from payments under the Loan Agreement and 
(b) any proceeds of the Bonds not expended to pay the 
costs of the Project and the Costs of Issuance. The Board 
of Finance may require, however, that the Bonds be addi- 
tionally secured by (i) one or more mortgage Hens on or 
security interests in the Project (or any interest therein 
including a leasehold estate), facilities, developments and 
improvements, the financing of which is undertaken by 
the issuance of the Bonds, with the payments under the 
mortgages or security interests assigned to the trustee for 
the Bondholders; or (ii) insuring the mortgage payments 
through such Federal, State, or municipal fund or other 
agency permitted by applicable law to perform insuring 
functions; or (iii) assigning the proceeds of the mortgage 
insurance to the trustee for the Bondholders; or (iv) such 
other security as the Board of Finance may approve; or 
(v) any combination of (i), (ii), (iii) and (iv). The 
aggregate principal amount of Bonds issued, sold and de- 
livered pursuant to this ordinance shall not exceed $400,000 
unless such amount shall be increased b^^ an ordinance of 
the City supplemental hereto. 

In accordance with the Enabling Law, the City hereby 
authorizes the Board of Finance to make the administrative 
deteiTtiinations necessary for the issuance of the Bonds. 
The Enabling Law provides that the Board of Finance, by 
resolution, may prescribe certain matters, including (with- 
out limitation) the form, terms, provisions, manner or 
method of issuing and selling (including negotiated as well 
as competitive bid sale) and the time or times of issuance, 
and any and all other details of the Bonds, and the issuance 
and sale thereof. This ordinance, accordingly, provides 
that the Board of Finance shall make such determinations 
in connection with the issuance and sale of the Bonds, as 
provided in the Enabling Law, unless the City shall other- 
wise prescribe prior to the issuance and delivery of the 
Bonds; provided, however, that it is hereby found and de- 
termined that the best interests of the City will be served 
by selling the Bonds at private sale as authorized by the 
Enabling Law, upon the terms and conditions determined 
by the Board of Finance. 

The Bonds authorized by this ordinance may be issued 
in one or more series, and each series shall be identified by 



\ 



ORDINANCES 97 

a letter designation, so that the first series (if the issuance 
of more than one series of Bonds hereunder is then con- 
templated) shall be designated ''Urban Development Reve- 
nue Bonds (Washington Village Project), 1980 Series A". 
The aggregate principal amount of Bonds to be issued pur- 
suant to this ordinance at any one time shall be deteiTnined 
by the Board of Finance by resolution adopted prior to 
the delivery of the Bonds. 

The Bonds of a series of Bonds shall be dated as of 
the first day of the month next following the date on which 
the series of Bonds is sold unless the Board of Finance 
shall specify a different date in its resolution hereinafter 
described, and the Bonds shall bear interest at an annual 
rate or rates payable semi-annually following the date of 
the series of Bonds so that, if the Bonds of a series are 
dated July 1, 1980, interest on that series of Bonds will 
be payable on January 1, 1981, July 1, 1981, and semi- 
annually thereafter. 

The Bonds of each series of Bonds issued hereunder 
shall mature on the date or dates provided in the resolution 
of the Board of Finance hereinafter described, but the last 
maturity of any series of Bonds shall in no event exceed 
a period of forty (40) years from the date of that par- 
ticular series of Bonds. If the resolution of the Board of 
Finance hereinafter described does not provide any ma- 
turity or maturities for a series of Bonds, all of the Bonds 
of the series shall mature on the date thirty (30) years 
from the date of that particular series of Bonds. If the 
Bonds of a series are dated July 1, 1980, all the Bonds of 
that series will mature (in the absence of a resolution of 
the Board of Finance determining other\\'ise) on Julv 1, 
2010. 

The terms of this ordinance shall not be interpreted so 
as to preclude or prevent the issuance of refunding bonds 
to refund all or a portion of the Bonds. The adoption of a 
subsequent ordinance or ordinances authorizing such a re- 
funding of the Bonds is expressly contemplated by this 
ordinance. 

Sec. 4. And he it further ordained. That, prior to the 
delivers' of anv series of Bonds, the Board of Finance shall 



96 ORDINANCES Ord. No. 17 

adopt a resolution or resolutions which shall prescribe (i) 
the principal amount of Bonds to be issued as a series at 
any one time, (ii) redemption provisions for the series of 
Bonds, and (iii) the sinking fund requirements, if any, 
for the series of Bonds. 

Prior to the delivery of any series of Bonds, the Board 
of Finance may also adopt a resolution or resolutions which 
may prescribe (i) the date of issue of the series of Bonds, 
(ii) the maturity or maturities of the series of Bonds, 
(iii) any additional terms necessary or appropriate to 
reflect any matters provided by that resolution and (iv) 
other matters deemed appropriate by the Board of Finance. 

Any resolution or resolutions adopted pursuant to this 
section of this ordinance shall be deemed to be of an admin- 
istrative nature. 

Sec. 5. And be it further ordained, That, authority is 
hereby conferred on the Board of Finance, unless the City 
shall otherwise prescribe prior to the issuance and de- 
livery of the Bonds, to take the following actions and to 
make the following commitments on behalf of the City: 

(a) to approve and deliver the Loan Agreement by and 
betw^een the City and Washington Village in the form 
determined by resolution of the Board of Finance, such 
Loan Agreement to be executed by the Mayor and attested 
by the Custodian of the City Seal ; 

(b) to prepare and distribute, in conjunction with repre- 
sentatives of Washington Village and the prospective pur- 
chasers of the Bonds, both a preliminai-y and a final offering 
circular (which final offering circular shall be executed by 
the Mayor and attested by the Custodian of the City Seal) 
in connection with the sale of the Bonds; provided, how- 
ever, that any preliminary^ offering circular shall be clearly 
marked to indicate that it is subject to completion and 
amendment ; 

(c) to determine the date, time and place when a bond 
purchase agreement shall be submitted by the purchasers 
of the Bonds, such bond purchase agreement to specify the 
interest rate or rates proposed to be paid on the Bonds, the 
price at which the Bonds are to be sold to the purchasers, 



ORDINANCES 99 

and such other matters as the purchasers and the City offi- 
cials may deem necessary or desirable in order to effect the 
sale and delivery of the Bonds ; 

(d) to determine the interest rate or rates to be paid 
by the City on the Bonds in accordance with the proposed 
bond purchase agreement submitted by the purchasers for 
the Bonds, but only after Washington Village shall have 
given the City written approval of such rate or rates ; 

(e) to deliver, as a binding and enforceable obligation 
of the City, the bond purchase agreement for the Bonds 
by and between the City and the purchasers for the Bonds, 
such bond purchase agreement to be executed by the Mayor 
and attested by the Custodian of the City Seal, and to pro- 
ceed to accomplish any and all actions necessary or deemed 
appropriate by either the City or the purchasers to issue 
and deliver the Bonds to the purchasers in accordance with 
the provisions of this ordinance and the bond purchase 
agreement ; 

(f) to appoint a bank having trust powers, or a triist 
company, as trustee for the Bondholders ; 

(g) in order to insure that the Bonds are issued without 
direct cost to the City, to provide for the payment, either 
directly by Washington Village or out of the proceeds of 
the Bonds, of all costs, fees and expenses incurred by or 
on behalf of the City in connection with the issuance of the 
Bonds, such payments to include (without limitation) costs 
of printing and issuing the Bonds, legal expenses, and 
compensation to any persons (other than full-time em- 
ployees of the City) performing services by or on behalf 
of the City in connection with the transactions contemplated 
by this ordinance ; 

(h) to deliver to the trustee, as a binding and enforce- 
able obligation of the City, the trust agreement between 
the City and the trustee, executed by the Mayor and at- 
tested by the Custodian of the City Seal, which trust agree- 
ment may be a resolution of the Board of Finance; and 

(i) to do any and all things necessary, proper or ex- 
pedient in connection with the issuance and sale of the 
Bonds. 



100 ORDINANCES Ord. No. 17 

Sec. 6. And be it further ordained. That, prior to the 
sale of any series of Bonds, the Board of Finance, unless 
the City shall othenvise prescribe prior to the issuance 
and deliven' of the Bonds, may determine by resolution: 

(1) the provisions of the trust agreement betw^een the 
City and the trustee; 

(2) the manner of execution, authentication, registration 
and transfer of the Bonds; 

(3) provisions for authentication and delivery of the 
Bonds; 

(4) the provisions of the Loan Agreement between the 
City and Washington Village ; 

(5) the terms of the mortgage, security instrument or 
other evidence, if any, of the obligation of Washington 
Village or successors in interest, provided for each series 
of Bonds; 

(6) provisions for creation, holding and disbursement 
of a construction fund to be held by the trustee ; 

(7) provisions for creation, holding and disbursement 
of any other funds and accounts to be held by the trustee; 

(8) provisions for the application of receipts and reve- 
nues from Washington Village ; 

(9) provisions for the security for and investment of 
moneys held by the trustee; 

(10) the details of the procedure for the redemption of 
the Bonds; 

(11) remedies for Bondholders in the event of default; 

(12) the duties, rights and immunities of the trustee; 

(13) the manner of execution of instruments by Bond- 
holders and the method of proof of owmership of the 
Bonds; 

(14) provisions for modification of this ordinance and 
the Loan Agreement; 

(15) provisions for defeasance of the Bonds ; 

(16) the forms of the Bonds, coupons and the trustee's 
authentication certificate; and 



ORDINANCES 101 

(17) such other matters in connection with the authori- 
zation, issuance, security, sale and payment of and for the 
Bonds as may be deemed appropriate by the Board of 
Finance. 

Any resolution or resolutions adopted pursuant to this 
ordinance shall be deemed to be of an administrative 
nature. 

Sec. 7. And be it further ordained, That, if any action on 
any matter delegated to the Board of Finance, shall not be 
acted upon by the Board of Finance, such action or matter 
may be acted upon or implemented by a resolution, ap- 
proved by the City Council of the City, which is subse- 
quently approved by the Mayor. 

Sec. 8. And be it further ordained, that Washington 
Village shall agree that : 

(a) It will submit any plans and specifications for the 
acquisition of the Project to the Department of Housing 
and Community Development for approval, with the under- 
standing that, in addition to the economic feasibility of the 
acquisition of the Project, the Department of Housing and 
Community Development may consider, without limitation, 
the suitability of any site plan, architectural treatment, 
building plans, elevations, materials, color construction 
details, access, parking, loading, landscaping, identification 
signs, exterior lighting, refuse collection details, streets, 
sidewalks, and harmony between the plans and the sur- 
roundings of the proposed Project and that the Depart- 
ment of Housing and Community Development may refuse 
approval of any such plans and specifications for aesthetic 
or functional reasons ; and 

(b) It and its developers will work with the design ad- 
visory group appointed by the Department of Housing and 
Community Development in order to achieve high quality 
site, building, and landscape design. 

Sec. 9. And be it further ordained, that if the Bonds are 
not issued and sold within one year from the date on which 
this ordinance is approved by the Mayor or Acting Mayor 
of the City, the authorization provided in this ordinance 
for the City to issue and sell the Bonds shall expire; pro- 



102 ORDINANCES Ord. No. 18 

vided however, that the Board of Finance of the City may, 
after a showing of good cause at a public hearing held 
before the Board of Finance, extend such authorization for 
one additional term not to exceed six months. The Board of 
Finance, in its sole discretion, shall determine the suffi- 
ciency, or lack thereof, of the reasons presented for any 
requested extension of this ordinance. If an extension is 
granted, notice of such extension and the reasons therefor 
shall be sent to the City Council. 

Sec. 10. And he it further ordained, That, the provisions 
of this ordinance are severable, and if any provision, sen- 
tence, clause, section or part hereof is held illegal, invalid 
or unconstitutional or inapplicable to any person or circum- 
stances, such illegality, invalidity or unconstitutionality, or 
inapplicability shall not affect or impair any of the re- 
maining provisions, sentences, clauses, sections, or parts 
of this ordinance or its application to other persons or cir- 
cumstances. It is hereby declared to be the legislative in- 
tent that this ordinance would have been adopted if such 
illegal, invalid or unconstitutional provision, sentence, 
clause, section or part had not been included herein, and if 
the person or circumstances to which this ordinance or 
any part thereof is inapplicable had been specifically 
exempted herefrom. 

Sec. 11. And be it further ordained, That, this ordinance 
shall take effect from the date of its passage. 

Approved March 5, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 18 
(Council No. 71) 

AN ORDINANCE concerning 

PARKING— RESERVED 
FOR the pui-pose of providing for reserved parking at 



ORDINANCES 103 

Custom House Avenue, east side, from a point 13' south 
of Baltimore Street to a point 61' south of Baltimore 
Street for state owned vehicles operated by the Public 
Service Commission displaying permit. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Custom House Avenue, east side, from a 
point 13' south of Baltimore Street to a point 61' south of 
Baltimore Street parking is reserved for state owned 
vehicles operated by the Public Service Commission display- 
ing permit. 

Sec. 2. And he it further ordained, That this ordinance 
shall take effect on the date of its passage. 

Approved March 5, 1980. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 19 
(Council No. 13) 

AN ORDINANCE concerning 

REZONING— FRANKLIN SQUARE URBAN 
RENEWAL AREA 

FOR the purpose of changing the zoning for the properties : 

(1) 1518-1532 W. Baltimore Street from the M-1-3 to 
the B-3-3 zoning district, as outlined in red on the 
plat accompanying this ordinance ; 

(2) 1534 W. Baltimore Street from the B-2-3 to the 
B-3-3 zoning district, as outlined in blue on the plat 
accompanying this ordinance. 

BY amending Zoning District Maps 

Sheet No. 54 

Article 30 — Zoning 

Baltimore City Code (1976 Edition, as amended) 



104 ORDINANCES Ord. No. 20 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheet No. 54 of the Zoning District Maps 
of Article 30 of the Baltimore City Code (1976 Edition, 
as amended), titled "Zoning" be and it is hereby amended 
by changing from the M-1-3 to the B-3-3 zoning district the 
property 1518-1532 W. Baltimore Street, as outlined in red 
on the plat accompanying this ordinance; and by changing 
from the B-2-3 to the B-3-3 zoning district the property 
1534 W. Baltimore Street, as outlined in blue on the plat 
accompanying this ordinance. 

Sec. 2. And he it further ordained. That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat, and when the IMayor approves the ordi- 
nance he shall sign the plat. The Director of Finance shall 
then transmit a copy of the ordinance and one of the plats 
to the following: the Board of Municipal and Zoning Ap- 
peals, the Planning Commission, the Commissioner of the 
Department of Housing and Community Development, and 
the Zoning Administrator. 

Sec. 3. And he it further ordained. That this ordinance 
shall take effect from the date of its passage. 

Approved March 12, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 20 
(Council No. 49) 

AN ORDINANCE concerning 

MOTOR FUEL SERVICE STATION FACILITIES 

FOR the purpose of providing that after a certain date, 
new retail motor fuel service stations must provide with- 
out charge toilets, hand washing facilities, air, water, and 



ORDINANCES 105 

hand towels; and providing that existing and converted 
motor fuel service stations provide certain facilities. 

BY adding to 

Article 14 — Weights and Measures 

Subtitle — Petroleum Products 

Section — 8A 

Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That section (s) of the Baltimore City Code 
(1976 Edition, as amended) be added, repealed, or amended, 
to read as follows : 

Article 14 — Weights and Measures 
Petroleum Products 

8A 

(a) The Mayor and City Council of Baltimore finds and 
declares that the public health, safety, ivelfare, and con- 
venience require motor fuel service stations offering motor 
fuel for sale at retail to the public have and maintain toilet, 
hand ivashing facilities, air pumps for tire inflation, and 
water for motor vehicle purposes. 

(b) Definitions. In this section, unless the context 
clearly indicates otherwise, the follotving ivord^ have the 
meanings indicated; 

(1) "Convert" means to alter or change the method of 
distribution of motor fuel from full service method of dis- 
tribution to a minimum service method of distribution by 
construction, renovation or other^vise altering the method of 
distribution of motor fuel into the tanks and vehicles of con- 
sumers. 

(2) ''Full Service'' means that service provided by a 
retail dealer of a motor fuel service station for consumers, 
including dispensing of motor fuel by the retail dealer or 
the retail dealer's employees along ivith auxiliary services 
for the repair and maintenance of motor vehicles on the 
premises inside a garage or other motor fuel service station 
structure or enclosure. 

(3) "Minimum Service" means that service pi^ovided by 
a retail dealer of a motor fuel service station for consumers 



106 ORDINANCES Ord. No. 20 

iiichiding the dispensing of motor fuel by a retail dealer or 
retail dealer's employees or permitting the consumers to 
serve themselves by dispensing motor fuel into their own 
tanks or motor vehicles and does not have a garage or other 
motor fuel service station structure or enclosure for the 
repair and maintenance of motor vehicles. 

(U) ''Motor Fuel Service Stations" means any motor 
fuel service station, service station, filling station, store, 
garage, or other place of business for the retail sale of 
motor fuel or the sale of dispensing of motor fuel for de- 
livery into the service tank or tanks of any motor vehicle 
which is propelled by an internal combustion motor. 

(c) After January 1, 1980, every retail dealer licensed 
under this subtitle ivho opens a neiv motor fuel service sta- 
tion shall provide free of charge to patrons the follotving: 

(1) Toilet facilities and hand^u ashing facilities main- 
tained in good ivorking order and sanitary conditions; 

(2) Hand toivels at every self-service island for the 
u^e of patrons; 

(S) At least one air pump for tire inflation in good 
operating condition and accessible to patrons; and 

(U) At least one ivater outlet in good operating condi- 
tion and accessible to patrons. 

(d) Retail dealers currently operating motor fuel serv- 
ice stations shall provide any or all of the facilities required 
by subsection (c) to the same extent that they are provided 
by those facilities on January 1, 1980. 

(e) Retail dealers ivho convert their motor fuel service 
stations from a full service motor fuel service station to a 
minimum service motor fuel service station shall provide 
any or all of the facilities rcqinred by subsectioii (c) to the 
same extent that they provided those services on Januury 1, 
1980, before the conversion. 

Sec. 2. And be it further ordained. That this ordinance 
shall take effect 30 days from date of passage. 

Approved March 12, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 107 

No. 21 
(Council No. 51) 

AN ORDINANCE concerning 

REZONING— 2552 WOODBROOK AVENUE 

FOR the purpose of changing the zoning for the property 
known as 2552 Woodbrook Avenue from the B-3-2 Zoning 
District to the M-i M-1-1 Zoning District as outlined in 
red on the plats accompanying this ordinance. 

BY amending Zoning District Maps 
Sheets No. 34 and 44 
Article 30 — Zoning 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheets No. 34 and 44 of the Zoning 
District Maps of Article 30 of the Baltimore City Code 
(1976 Edition, as amended) title "Zoning" be and it is 
hereby amended by changing from the B-3-2 Zoning District 
to the M-i M-1-1 Zoning District the property known as 
2552 Woodbrook Avenue as outlined in red on the plats 
accompanying this ordinance. 

Sec. 2. And he it further ordained, That upon passage of 
this ordinance by the City Council, as evidence of the au- 
thenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the 
Zoning Ordinance, the President of the City Council shall 
sign the plat and when the Mayor approves the ordinance, 
he shall sign the plat. The Director of Finance shall then 
transmit a copy of the ordinance and one of the plats to the 
following : the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of the Department 
of Housing and Community Development and the Zoning 
Administrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved March 12, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



108 ORDINANCES Ord. No. 22 

No. 22 

(Council No. 34) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION- 
DEPARTMENT OF HOUSING AND 
COMMUNITY DEVELOPMENT 

FOR the purpose of providing a supplementary special fund 
appropriation in the amount of Thirty Thousand Dollars 
($30,000) to the Department of Housing and Community 
Development to be used TO LEASE A TRUCK for re- 
moval of debris from alleys and vacant lots located in 
City Rat Eradication Project areas. 

BY authority of 

Article VI — Board of Estimates 

Section 2(h)(2) 

Baltimore City Charter (1964 Revision as amended) 

Whereas, the money appropriated herein represents a 
grant from a public source which could not be expected 
with reasonable certainty at the time of formulation of the 
fiscal 1980 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, the recommendation having been 
made at a regular meeting of said Board held on the 12th 
day of December, 1979, all in accordance with Article VI, 
Section 2(h) (2) of the Baltimore City Charter (1964 Re- 
vision as amended). 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Thirty Thousand Dollars 
($30,000) shall be made available to the Department of 
Housing and Community Development of the City of Balti- 
more as a supplemental^ special fund appropriation for the 
fiscal year ending June 30, 1980 for the purpose of LEAS- 
ING A TRUCK FOR THE removal of debris from alleys 
and vacant lots located in City Rat Eradication Project 



ORDINANCES 109 

areas. The amount thus made available as a supplementary 
special fund appropriation shall be expended from a grant 
of funds to the Mayor and City Council of Baltimore by 
U.S. Department of Health, Education and Welfare, said 
sum being specifically allotted to the Mayor and City 
Council of Baltimore for the aforesaid purpose; and said 
funds from said U.S. Department of Health, Education 
and Welfare shall be the source of revenue for this supple- 
mentary special fund appropriation, as required by Article 
VI, Section 2 of the Baltimore City Charter (1964 Revision 
as amended). 

Sec. 2. A7id he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 17, 1980. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 23 
(Council No. 64) 

AN ORDINANCE concerning 

CITY STREET— OPENING CERTAIN STREETS, 

ALLEYS OR PORTIONS THEREOF IN THE 

UPTON URBAN RENEWAL PROJECT 

FOR the purpose of condemning and opening certain streets 
and alleys or portions thereof lying within the area of 
the Upton Urban Renewal Project in accordance with a 
plat thereof numbered 312-A-7, prepared by the Surveys 
and Records Division and filed in the Office of the De- 
partment of Public Works, on the Twelfth (12th) day of 
November, 1979, and now on file in said office. 

BY authority of 

Article I — General Provisions 

Section — 4 

Article II — General Provisions 

Sections— 2, 34, 35 

Baltimore (]ity Charter (1964 Revision, as amended) 



110 ORDINANCES Ord. No. 23 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, 
and they are hereby authorized and directed to condemn, 
open, certain streets and alleys or portions thereof lying 
within the Upton Urban Renewal Project hereby directed 
to be condemned for said opening being described as 
follows: 

Sheet 1 of 1 comprising Brewer Street, laid out 20 feet 
wide, extending from Dolphin Street Northwesterly 326 
feet, more or less, and designated as Parcel No. 1. 

the said street as directed to be condemned being more 
particularly described and referred to among the Land 
Records of Baltimore City and delineated and particularly 
shown on a plat numbered 312-A-7 which was filed in the 
Office of the Department of Public Works on the twelfth 
(12) day of November in the year 1979, and is now on 
file in said Office. 

Sec. 2. And he it further ordained, That the proceedings 
of said Department of Public Works, with reference to the 
condemnation and opening of said street and the proceed- 
ings and rights of all parties interested or affected thereby, 
shall be regulated by, and be in accordance with, any and 
all applicable provisions of Article 4 of the Code of Public 
Local Laws of Maryland and the Charter of Baltimore City 
(1964 Revision) as amended to July 1, 1973 and any and 
all amendments thereto, and any and all other Acts of the 
General Assembly of Maryland, and any and all ordinances 
of the Mayor and City Council of Baltimore, and any and 
all rules or regulations in effect which have been adopted 
by the Director of Public Works and filed with the De- 
partment of Legislative Reference. 

Sec. 3. And be it further ordained. That this Ordinance 
shall take effect from the date of its passage. 

Approved March 17, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 111 

No. 24 
(Council No. 65) 

AN ORDINANCE concerning 

CITY STREET— CLOSING CERTAIN STREETS, 

ALLEYS OR PORTIONS THEREOF IN THE 

UPTON URBAN RENEWAL PROJECT 

FOR the purpose of condemning and closing certain streets 
and alleys or portions thereof lying within the area of 
the Upton Urban Renewal Project in accordance with a 
plat thereof numbered 312-A-7A, prepared by the Sur- 
veys and Records Division and filed in the Office of the 
Department of Public Works, on the Twelfth (12th) day 
of November, 1979 and now on file in said office. 

BY authority of 

Article I — General Provisions 

Section — 4 

Article II — General Provisions 

Sections— 2, 34, 35 

Baltimore C^ity Charter (1964 Revision, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, 
and they are hereby authorized and directed to condemn 
and close certain streets and alleys or portions thereof 
lying within the Upton Urban Renewal Project the street 
hereby directed to be condemned for said closing being 
described as follows: 

Sheet 1 of 1 comprising Brewer Street, laid out 20 feet 
wide, extending from Dolphin Street Northwesterly 326 
feet, more or less, and designated as Parcel No. 1. 

the said street as directed to be condemned being more 
particularly described and referred to among the Land 
Records of Baltimore City and delineated and particularly 
shown on a plat numbered 312-A-7A which was filed in 
the Office of the Depai-tment of Public Works on the 
twelfth (12) day of November, in the year 1979 and is 
now on file in the said Office. 

Sec. 2. And he it further ordained, That after said high- 
way or highways shall have been closed under the provi- 



112 ORDINANCES Ord. No. 24 

sions of this Ordinance, all subsurface structures and ap- 
purtenances now owTied by the Mayor and City Council 
of Baltimore, shall be and continue to be the property of 
the Mayor and City Council of Baltimore, in fee simple, 
until the use thereof shall be abandoned by the Mayor and 
City Council of Baltimore, and in the event that any person, 
firm or corporation shall first obtain peraiission and per- 
mits therefor from the Mayor and City Council of Balti- 
more, and shall in the application for such permission and 
peiTnits agree to pay all costs and charges of ever>' kind 
and nature made necessary by such removal, alteration 
or interference. 

Sec. 3. Aiid be it further ordained, That no buildings or 
structures of any kind shall be constructed or erected in 
said portion of said highway or highways after the same 
shall have been closed under the provisions of this Ordi- 
nance until the subsurface structures and appurtenances 
now owned by the Mayor and City Council of Baltimore, 
over which said buildings or structures are proposed to be 
constructed or erected shall have been abandoned or shall 
have been removed and relaid in accordance with the speci- 
fications and under the direction of the Director of Public 
Works of Baltimore City, and at the expense of the person 
or persons or body corporate desiring to erect such build- 
ings or structures. Railroad tracks shall be taken to be 
"structures" \\4thin the meaning of this section. 

Sec. 4. And he it further ordained, That after said high- 
way or highways shall have been closed under the provi- 
sions of this Ordinance, all subsurface structures and ap- 
purtenances owned by any person, firm or corporation, 
other than the Mayor and City Council of Baltimore, shall 
upon notice from the Director of Public Works of Balti- 
more City, be promptly removed by and at the expense of 
the said owners. 

Sec. 5. And he it further ordained, That on and after the 
closing of said highway or highways, the said Mayor and 
City Council of Baltimore, acting through its duly author- 
ized representatives, shall, at all times, have access to said 
property and to all subsurface structures and appurtenances 
used by it therein, for the purposes of inspection, main- 



ORDINANCES 113 

tenance, repair, alteration, relocation and/or replacement, 
of any or all of said structures and appurtenances, and 
this without peiTnission from or compensation to the owner 
or owners of said land. 

Sec. 6. And be it further ordained, That the proceedings 
of said Department of Public Works with reference to the 
condemnation and closing of said street and the proceedings 
and rights of all parties interested or affected thereby, shall 
be regulated by, and be in accordance with, any and all 
applicable provisions of Article 4 of the Code of Public 
Local Laws of Maryland and the Charter of Baltimore City 
(1964 Revision) as amended to July 1, 1973 and any and 
all amendments thereto, and any and all other Acts of the 
General Assembly of Maryland, and any and all ordinances 
of the Mayor and City Council of Baltimore, and any and 
all rules or regulations in effect which have been adopted 
by the Director of Public Works and filed with the De- 
partment of Legislative Reference. 

Sec. 7. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved March 17, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 25 
(Council No. 66) 

AN ORDINANCE concerning 

GAS APPLIANCES AND GAS FITTERS 

FOR the purpose of creating the classifications of Master 
Gas Fitter and Journeyman Gas Fitter, establishing ap- 
plication, license and renewal fees and the requirements 
for these licenses, deleting obsolete material and updat- 
ing the provisions of this subtitle. 

BY repealing 
Article 13 — Housing and Urban Renewal 



114 ORDINANCES Ord. No. 25 

Subtitle — Gas Appliances 

Section (s) 34-45 

Baltimore City Code (1976 Edition, as amended) 

BY adding 

Article 13 — Housing and Urban Renewal 
Subtitle — Gas Appliances and Piping 
Sections 34-45, 45A-45D 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sections 34 through 45, inclusive, of 
Article 13 of the Baltimore City Code (1976 Edition, as 
amended), title "Housing and Urban Renewal", subtitle 
*'Gas Appliances", be and they are hereby repealed and 
new Sections 34-45 and 45A through 45D be and they are 
hereby added to the same title, to stand in the place of the 
sections so repealed, to come under the new subtitle "Gas 
Appliances and Piping", and to read as follows : 

Gas Appliances and Piping 

34' Approval. 

To be approved for installation in Baltimore City, ap- 
pliances, accessories and equipment mu^t 

(a) be listed by a nationally recognized testing agency 
such as the American Gas Association, Inc., Laboratories 
and Undertvriters Laboratories, Inc., qualified and equip- 
ped for experimental testing and maintaining an adequate 
periodic inspection of current production of listed models 
and whose listing states that the appliance, accessory or 
equipment complies with nationally recognized safety re- 
quirements or has been tested and found safe for use in 
a specified manner; or 

(b) comply with American National Standards Ap- 
proval or Listing Requirement covering safe operation, 
substantial and durable construction and acceptable per- 
formance and be registered with the Commissioner of 
Housing and Community Development of Baltimore City, 

85. Registration of Appliances. 

(a) Application. Application shall be made to the Com- 
missioner of Housing and Community Development of Bal- 



ORDINANCES 115 

timore City and the applicant shall furnish such informa- 
tion and certificates and cause such tests to be conducted 
as may be required by the Commissioner to secure proper 
registration and identification of any appliance, accessory, 
equipment, sample or model thereof; and before such 
application shall be approved by the Commissioner he shall 
determine ivhether such appliance, accessory, equipment, 
sample or model thereof described therein conforms to the 
rules and regidations and specifications hereinafter pro- 
vided for in Section 4-1 (a) hereof. In connection with 
such application, the applicant shall file evidence satis- 
factory to the Commissioner that such appliance, accessory, 
equipment, sample or model thereof has been examined and 
tested and found to comply ivith the rules, regulations 
specifications, and requirements as provided for in Section 
J^l(a). The Commissioner shall not register the appliance, 
accessory, equipment, sample or model thereof described 
in said application, unless it shall appear that it conforms 
to said rules, regulations and specifications, and meets sux^h 
tests as the Commissioner may prescribe. 

(b) Identification. All appliances, accessories or equip- 
ment shall bear an identification number or designation 
which may be the manufacturer' s regular trade name and 
model number, and ivhen applied for by such manufac- 
turer, it shall be stated in the application for registration, 
provided that nothing contained in this ordinance shall be 
construed to apply to appliances, accessories or equipment 
used for strictly experimental purposes or for strictly in- 
dustrial use as may be defined in the rules, regulations and 
specifications, as provided for in Section 41 (a) hereof. 

(c) Non-compliance. If the Commissioner determines 
that the appliance, accessory or equipment described in 
any such application for registration does not conform to 
said rules, regidations and specifications, or if he is not 
satisfied ivith the application, he shall notify the applicant 
forthwith, stating his reasons therefor. 

S6. Examination of Equipment. 

The Commissioner of Housing and Community Develop- 
ment of Baltimore City may at any time cause an examinor 
tion to be made of any appliance, accessory or equipment, 
and if it shall be found, upon such examination, that such 



116 ORDINANCES Ord. No. 25 

appliance, accessory or equipment does not comply with the 
rules, regulations and specifications, as provided for in 
Section 41(a) hereof, or is otherivise unsafe, the Commis- 
sioner shall notify the registrant, installer or seller where- 
in said appliance, accessory or equipment does not conform 
to said rides, regulations and specifications, or wherein 
it is otherwise unsafe, and the said registrant, installer 
or seller shall be accorded reasonable opportunity to con- 
form the appliance, accessory or equipment to said rules, 
regulations and specifications, or to correct ivithin a rea- 
sonable time the hazardous feature or features thereof. If 
the registrant, installer or seller shall not within a reason- 
able time conform the appliance, accessory or equipment 
to said rules, regidations and specifications, or correct 
the hazardous feature or features of the appliance, acces- 
sory or equipment , THE COMMISSION SHALL CAN- 
CEL THE REGISTRATION OF SAID APPLIANCE, AC- 
CESSORY OR EQUIPMENT and notify the registrant, in- 
staller or seller in writing that after the expiration of ten 
(10) days, no such appliance, accessory or equipment shall 
be installed, sold or offered for sale in the City of Baltimore- 
provided that any action of cancellation taken by the Com- 
missioner shall not be construed to prohibit the form,er 
registrant from, reapplying for registration, in which event 
all the provisions relating to original applications shall 
apply. 

S7. Cancellation of Registration. 

The Commissioner of Housing and Community Develop- 
ment of Baltimore City is authorized to cancel the regis- 
tration of any model of appliance, accessory or equipment 
if any of the rules, regulations and specifications, as pro- 
vided for in Section 41(a) hereof, are violated in the 
design or performance of any sttch model or sample; pro- 
vided that no cancellation shall be made without the regis- 
trant being first accorded an opportunity of a hearing and 
to shoiv cause ivhy the registration should not be cancelled, 
and upon the decision, after hearing by the Commissioner 
that such ndes, regulations and specifications are being 
violated and the application sJioidd be cancelled, cancella- 
tion shall be effective ten (10) days after the decision of 
the Commissioner. 



ORDINANCES 117 

38. Gas Tubing Instruments. 

Appliances y accessories and equipment herein referred 
to shall be construed to include instruments for use in 
connection with gas tubing or appliances ivhich affect the 
normal and regular use of such tubing or appliances with- 
out said device, such as economy devices, accessories, solid 
tops, and other such equipment tvhich is intended to be 
u^ed in conjunction ivith self-contained appliances and 
which cannot be considered as a gas consuming appliance. 

39. Information. 

Any person, firm or corporation may, without charge, 
secure from the Commissioner of Housing and Community 
Development of Baltimore City, information regarding 
the registration ivith the said Commissioner of any ap- 
pliance, accessory or equipment. 

JfO. Establishment of The Gas Appliance Board of Balti- 
more City. 

There is hereby established a Board to be known as "The 
Gas Appliance Board of Baltimore City" , said Board to 
consist of five (5) members, one of whom shall be the Com- 
missioner of Housing and Community Development of Bal- 
timore City ex officio, one of whom shall be the Director 
of Construction and Building Inspection of Baltimore City 
ex officio, one of ivhom shall be the Commissioner of Health 
of Baltimore City ex officio, and two of whom shall be 
appointed by the Mayor. One of the latter two must be a 
representative of the Baltimore Gas & Electric Company 
of Baltimore, and the other must be a Master Plumber 
who must also be a Registered Gas Fitter of Baltimore 
City. 

The members of the Board shall receive no compensation 
for their services hereunder. 

The terms of the ex officio members of the Board shall 
correspond to their respective official tenure, and the terms 
of each of the tiuo appointed members shall be two years. 
The Mayor shall designate one of the members of the Board 
as Chairman. 

The Board of Estimates of Baltimore City has heretofore 
by Resolution recommended the creation of ''The Gas Ap- 
pliance Board of Baltimore City'*. 



118 ORDINANCES Ord. No. 25 

ifl. Duties of The Gas Appliance Board of Baltimore City. 

In order to safeguard and protect the health and safety 
of the people of Baltimore City, the Board is hereby au- 
thorized and empoivered to : 

(a) make, adopt and promulgate rules, regulations and 
specifications governing the design, construction, and per- 
formance of all appliances, accessories or equipment and/ 
or samples or models thereof for use with, by, or for the 
combustion of gas as distributed and/or sold in the City 
of Baltimore, provided that all rides, regulations and speci- 
fications so made, adopted and promulgated shall be pur- 
suant to but not in conflict luith the provisions of this sub- 
title. The Board in making and adopting said rides, regu^ 
lations and specifications may consider the rules, regula- 
tions and specifications established by the American Na- 
tional Standard Institute, or any other rides, regulations 
and specifications relating to said subject. Whenever the 
Board shall determine that it is necessary and/ or desirable 
to test in a laboratory or testing agency any appliance, 
accessory or equipment offered for registration, in order 
to determine ivhether or not the same complies with the 
rules, regulations or specifications prescribed by the Board 
under the authority of this subtitle, the Commissioner of 
Housing and Community Development of Baltimore City 
is hereby authorized to direct said tests to be made by the 
laboratories of either the United States Bureau of Stan- 
dards, the Johns Hopkins University, the American Gas 
Association, or any other laboratory or testing agency 
approved by the Commissioner; and the Commissioner is 
hereby further authorized and directed to require the costs 
of such tests to be paid in advance by the applicant of 
registration. 

(b) develop and administer examinations, testing ap- 
plicants* knoivledge of the trade and tvork of gas fitting. 

(c) to require, in cases of specific types of gas appli- 
ances xvhere the Board deems that public safety warrants 
it, that persons, including those already registered as 
Master Gas Fitters and Gas Fitters of Baltimore City, ivho 
engage in the installation of such appliances, shall qualify 
to the Board by additional examinations as having the 



ORDINANCES 119 

necessary skill and facilities to perform such rvork. There 
shall be no charge for such additional examination. 

Jf2. Registration and Examination of Gas Fitters of Bal- 
timore City. 

The installation of gas piping and gas appliances shall 
he made by a ''Master Gas Fitter of Baltimore City" or by 
a *' Journeyman Gas Fitter of Baltimore City'' under the 
supervision of a "Master Gas Fitter of Baltimore City", 
both of tvhom shall be registered as specified below. Every 
person or at least one member of every firm, or one officer 
of every corporation doing or contracting to do gas fitting 
work shall be registered as a ''Master Gas Fitter". Every 
gas fitter working as a "Journeyman Gas Fitter^' shall 
have a "Journeyman Gas Fitter" registration card. "Mas- 
ter Gas Fitter" cards shall be issued to individuals and 
not to a firm or corporation. A "Master Gas Fitter" may 
represent only one firm or corporation. 

Before being registered as a "Master Gas Fitter" the ap- 
plicant must furnish satisfactory evidence that the ap- 
plicant has worked at the gas fitting trade for at least two 
years as a "Journeyman Gas Fitter". The applicant shall 
be required to take a written examination testing the ap- 
plicants knotvledge of the gas fitting regulations. If a 
passing grade of at least 75% is achieved the applicant 
will be subjected to an oral examination which may be 
accompanied by a practical demonstration. The applicant 
mu^t pass both the oral examination and practical demon- 
stration, if given, to qualify as a "Master Gas Fitter". 

Before being registered as a "Journeyman Gas Fitter" 
the applicant mu^t furnish satisfactory evidence that: 

(a) he or she has worked at the gas fitting trade for 
at least two (2) years and has attended the gas fitting 
school sponsored by the Baltimore Gas and Electric Com- 
pany or an equivalent school; or 

(b) he or she has tvorked at the gas fitting trade ex- 
clusively for at least one (1) year with a company that 
provides theoretical and practical training in an approved 
training program. 

The applicant shall be required to take a written exam- 
ination testing the applicant's knowledge of the gas fitting 



120 ORDINANCES Ord. No. 25 

regulations. If a passing grade of at least 75% is achieved, 
the applicant will be qualified as a "Journeyman Gas 
Fitter". 

JfS. Fees for Examination and License. 

The folloiving charges shall he made to cover the cost of 
examination: 

(1) Master Gas Fitter License — $10.00 

(2) Journeyman Gas Fitter License — $5.00 

The folloiving charges for licenses are: 

(1 ) Master Gas Fitter License — $35.00 

(2) Journeyman Gas Fitter License — $5.00 

The license year for all licenses shall run from Januury 
1 through December SI and renewal fees are as above. 

JfJf.. Reneival of Licenses. 

All persons ivho are registered under this ordinance shall 
have their gas fitter license for Baltimore City renewed an- 
nually ivithout the necessity for reexamination upon the 
payment of $35.00 for Master Gas Fitter or $5.00 for 
Journeyman Gas Fitter beginning on the first day of Janu- 
ary folloiving the passage of this ordinance and on the first 
day of January in every year thereafter. 

All persons registered as gas fitters in Baltimore City at 
the time of the passage of the ordinance may be issued 
a Master Gas Fitter license ivithout examination within 
six months of passage of this ordinance upon the payment 
of $35.00 or a Journeyman Gas Fitter license within six 
months of this passage of this ordinance upon the payment 
of $5.00. 

If5. Lapse of Registration. 

Any Master or Journeyman Gas Fitter of Baltimore City 
who alloivs his or her registration to lapse may reapply for 
reinstatement and at the discretion of the Gas Appliance 
Board of Baltimore City be reinstated upon the payment 
of the reneival fee. However, after a six-month lapse, the 



ORDINANCES 121 

applicant will he treated as a neiv applicant and will he 
suhjected to the same examination as new applicants and 
he required to pay the same fees. Any person ivho has 
qualified for any gas fitter license, hut ivho has not applied 
for registration within 6 months of heing tested shall he 
required to he retested hefore a license is issued and pay 
the applicahle examination fee. 

45 A. Suspension of Registration. 

Whenever the work of a registered gas fitter of Balti- 
more City is helieved to he unsatisfactory after inspection, 
or if a gas fitter shall violate any of the ndes and regula- 
tions promulgated hy the Board his registration may he 
suspended or revoked hy the Commissioner of Housing 
and Community Development of Baltimore City upon writ- 
ten notice hy said Commissioner to such gas fitter that 
a hearing will he accorded him on a certain day to show 
cause ivhy such suspension or revocation should not he 
made, and after the hearing, the Commissioner may sus- 
pend temporarily or revoke permanently the registration of 
any such gas fitter; provided, that whenever the license 
shall have heen revoked permanently, the person shall not 
he prohihited from reapplying, hut such new application 
shall not he made in a less period than that designated 
hy the Commissioner from the date of permanent revoca- 
tion, and all of the provisions for original applications 
shall he applicahle. 

45 B. Permits for Installation of Gas Piping and Gas Ap- 
pliances in Baltimore City. 

Only registered Master Gas Fitters of Baltimore City 
may apply and receive permits to install gas piping and 
gas appliances. 

45C. Duties of Commissioner of Health of Baltimore City. 

Inasmuch as the purpose of this subtitle is to safeguard 
the people of Baltimore City, the Commissioner of Health 
of Baltimore City is directed to report any condition which 
he helieves to he hazardous due to the use of any appliance, 
accessory or equipment ivith, hy or for the comhustion of 
gas as distHhuted and/or sold in the City of Baltimore to 



122 ORDINANCES Ord. No. 26 

the Commissioner of Housing and Community Development 
of Baltimore City; and the Commissioner of Housing and 
Community Development is hereby directed to obtain the 
advice of the Commissioner of Health in any matter in 
which he deems that such advice may promote the safety 
and health of the people of Baltimore. 

45D. Enforcement and Penalties. 

Any person, firm or corporation violating any of the 
provisions of this subtitle shall be subject to prosecution, 
and upon conviction shall be subject to a fine of not less 
than five dollars (5.00) nor more than one hundred dollars 
(100.00) for each offense. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect 30 days from date of passage. 

Approved March 17, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 26 
(Council No. 70) 

AN ORDINANCE concerning 

URBAN RENEWAI^-MOUNT WINANS— 
AMENDMENT NO. 3 

FOR the purpose of amending the Urban Renewal Plan 
for Mount Winans, to, among other things: (1) revise 
the boundary description to include all public housing 
projects; (2) acquire 2635 S. Paca Street for urban 
renewal purposes; (3) consolidate Lots 19, 33 and 2635 
S. Paca Street with Disposition Lot 20A for residential 
development; (4) add a provision in the plan text that 
would prohibit sandblasting as a means of cleaning 
masonry facades and provide a penalty for violating this 
prohibition; (5) create new Disposition Lot X (right-of- 
way) from a portion of Disposition Lot 2; (6) revise 



ORDINANCES 123 

the Residential Standards for certain disposition lots; 
(7) revise language governing non-conforming uses and 
add provisions governing non-complying uses in the plan 
text; (8) revise and/or delete certain Exhibits and Ap- 
pendices attached to the Plan to reflect the changes pro- 
posed herein; (9) waive such requirements, if any, as 
to content or procedure for the preparation, adoption, 
and approval of renewal plans as set forth in Article 13 
of the Baltimore City Code (1976 Edition, as amended), 
which the Renewal Plan for Mount Winans may not 
meet; (10) provide for the separability of the various 
parts and application of this ordinance; (11) provide 
that where the provisions of this ordinance shall conflict 
with any other ordinance, code or regulation in force in 
the City of Baltimore, the provision which establishes 
the higher standard shall prevail; and (12) provide for 
an effective date hereof. 

Whereas, an Urban Renewal Plan for Mount Winans 
was approved by the Mayor and City Council of Baltimore 
by Ordinance No. 422, dated April 21, 1969, and was last 
amended by Ordinance No. 309, dated April 25, 1977; and 

Whereas, pursuant to Article 13 of the Baltimore City 
Code (1976 Edition, as amended), no substantial change or 
changes shall be made in any renewal plan, after approval 
by ordinance, without such change or changes first being 
adopted and approved in the same manner as set forth in 
said Article 13 for the approval of an urban renewal plan, 
namely the preparation of such change or changes by the 
Department of Housing and Community Development, the 
approval of such change or changes by the Director of the 
Department of Planning, and approval and adoption by an 
ordinance of the Mayor and City Council of Baltimore after 
a public hearing in relation thereto, all in the manner set 
forth in said Article 13 ; and 

Whereas, extensive changes in the Urban Renewal Plan 
for Mount Winans make it infeasible to make line-by-line 
changes; therefore, the Department of Housing and Com- 
munity Development has prepared an amended Renewal 
Plan for Mount Winans ; and 

Whereas, said Amendment No. 3 to the Urban Renewal 
Plan for Mount Winans has been approved by the Director 



124 ORDINANCES Ord. No. 26 

of the Department of Planning with respect to its con- 
formity as to the Master Phm, the detailed location of any 
public improvements proposed in the amended Renewal 
Plan, its conformity to the rules and regulations for sub- 
division, and its conformity to existing zoning classifica- 
tions and said Amendment No. 3 to the Renewal Plan has 
been approved and recommended to the Mayor and City 
Council of Baltimore by the Commissioner of the Depart- 
ment of Housing and Community Development; now, there- 
fore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the amended Urban Renewal Plan for 
Mount Winans, identified as ''Urban Renewal Plan, Mount 
Winans . . . revised to include Amendment No. 3, dated 
January 7, 1980", is hereby approved and the Clerk of the 
City Council is hereby directed to file a copy of said 
amended Urban Renewal Plan with the Department of 
Legislative Reference as a permanent public record and to 
make the same available for public inspection and informa- 
tion. 

Sec. 2. And he it further ordained. That the boundaries 
of the Mount Winans Urban Renewal Project shall be re- 
vised to include all public housing projects which were 
originally excluded from the urban renewal project; there- 
fore, the boundary is hereby described as follows: 

Beginning for the same at the point of intersection of 
the southeast right-of-way line of the Baltimore aft4 Ohio/ 
Chosapoako and Ohio Railroad with the centerline of Hollins 
Ferry Road ; thence from said point of beginning running 
with and binding on the centerline of Hollins Ferry Road 
southeasterly and southerly and southwesterly to intersect 
the noi-th right-of-way line of the Curtis Bay Branch of 
the Baltimore a4^ Ohio ^Chosapoako and Ohio Railroad; 
thence binding on said right-of-way line westerly to inter- 
sect the southeast right-of-way line of the Baltimore aft4 
Ohio/Chosapoako and Ohio Railroad ; thence binding on 
the southeast side of said right-of-way, northeasterly to 
the point of beginning. 

Sec. 3. And he it further ordained, That it is necessary 
to acquire, by purchase or by condemnation, for urban 



ORDINANCES 125 

renewal purposes, the fee simple interest or any lesser 
interest in and to the following property or portion thereof, 
together with all right, title, interest, and estate that the 
owner or owners of said property interest may have in all 
streets, alleys, ways or lanes, public or private, both 
abutting the whole area described and/or contained within 
the perimeter of said area, situate in Baltimore City, 
Maryland, and described as follows : 

2635 S. Paca Street 

Sec. 4. And he it fiirther ordained, That the Real Estate 
Acquisition Division of the Department of the Comptroller, 
or such person or persons and in such manner as the Board 
of Estimates, in the exercise of the power vested in it by 
Article V, Section 5 of the Baltimore City Charter, may 
hereafter from time to time designate, is or are authorized 
to acquire on behalf of the Mayor and City Council of 
Baltimore and for the purposes described in this ordinance, 
the fee simple interest or any lesser interest in and to 
the property or portion thereof hereinabove mentioned. If 
the said Real Estate Acquisition Division of the Depart- 
ment of the Comptroller, or such person or persons, and in 
such manner as the Board of Estimates in the exercise of 
the power vested in it by Article V, Section 5 of the Bal- 
timore City Charter, may hereafter from time to time 
designate, is or are unable to agree ^\dth the owner or 
owners on the purchase price for said property or portion 
thereof, it or they shall forthwith notify the City Solicitor 
of Baltimore City, who shall thereupon institute in the 
name of the Mayor and City Council of Baltimore the 
necessary legal proceedings to acquire by condemnation 
the fee simple interest or any lesser interest in and to 
said property or portion thereof. 

Sec. 5. And he it further ordained. That the cleaning of 
masonry facades, on all properties in Mount Winans, by 
means of sandblasting shall not be permitted. 

Sec. 6. And he it further ordained, That any person 
guilty of violating the provision contained in Section 5 
of this ordinance shall be guilty of a misdemeanor and 
shall be subject to a fine not exceeding One Hundred Dol- 



126 ORDINANCES Ord. No. 26 

lars ($100.00) and that each day's violation shall con- 
stitute a separate offense. 

Sec. 7. And be it further ordained, That in whatever re- 
spect, if any, the Renewal Plan approved hereby for the 
Mount Winans Project may not meet the requirements as 
to the content of a renewal plan or the procedure for the 
preparation, adoption, and approval of renewal plans as 
provided in Article 13 of the Baltimore City Code (1976 
Edition, as amended), the said requirements are hereby 
waived and the amended Renewal Plan approved hereby 
is exempted therefrom. 

Sec. 8. And be it further ordained, That in the event it 
be judicially determined that any word, phrase, clause, sen- 
tence, paragraph, section or part in or of this ordinance, or 
the application thereof to any person or circumstances is 
invalid, the remaining provisions and the application of 
such provisions to other persons or circumstances shall not 
be affected thereby, the Mayor and City Council hereby 
declaring that they would have ordained the remaining 
provisions of this ordinance without the word, phrase, 
clause, sentence, paragraph, section or part, or the applica- 
tion thereof so held invalid. 

Sec. 9. And be it further ordained. That in any case 
where a provision of this ordinance concerns the same 
subject matter as an existing provision of any zoning, 
building, electrical, plumbing, health, fire or safety code 
or regulation, the applicable provisions concerned shall be 
construed so as to give effect to each; provided, however, 
that if such provisions are found to be in irreconcilable con- 
flict, the provision which establishes the higher standard 
shall prevail. In any case where a provision of this ordi- 
nance is found to be conflict with an existing provision of 
any other ordinance or code or regulation in force in the 
City of Baltimore which establishes a lower standard for 
the promotion and protection of the public health and 
safety, the provision of this ordinance shall prevail, and 
the other existing provision of such other ordinance or 
code or regulation is hereby repealed to the extent that 
it may be found in conflict with this ordinance. 



ORDINANCES 127 

Sec. 10. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 17, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 27 
(Council No. 94) 

AN ORDINANCE concerning 

MIDFA LOAN TO MAYOR AND CITY COUNCIL OF 
BALTIMORE FOR THE BENEFIT OF THE 
SLAYSMAN COMPANY 

FOR the purpose of authorizing Mayor and City Council of 
Baltimore to borrow, as a limited obligation and not 
upon the full faith and credit of Mayor and City Coun- 
cil of Baltimore, in accordance with the Maryland In- 
dustrial Development Financing Authority Act, a sum of 
money not to exceed $700,000.00, to use such money for 
the purpose of defraying a portion of the costs of ac- 
quiring a certain industrial project (within the mean- 
ing of such act) consisting of the construction and reno- 
vation of certain improvements located at 111 Kane 
Street, Baltimore, Maryland, and purchasing and install- 
ing certain machinery and equipment therein, all for the 
use and occupancy by The Slaysman Company, a Mary- 
land corporation; authorizing the Mayor and other ap- 
propriate officials of the City to execute any and all 
documents necessary to effectuate and to secure payment 
of the aforesaid borrowing and acquisition; to provide 
that the full faith and credit of Mayor and City Council 
of Baltimore shall not be deemed to be pledged hereby; 
conferring and imposing upon the Department of Hous- 
ing and Community Development certain powers and 
duties and providing that The Slaysman Company shall 
agree to submit certain plans and specifications to and co- 
ordinate with, the Department of Housing and Com- 
munity Development in connection with the acquisition 



128 ORDINANCES Ord. No. 27 

of such industrial project; and generally providing for 
and determining various matters and details in connec- 
tion with such borrowing and acquisition. 

BY authority of 

MIDFA Act— Article 41 of the Annotated Code of Mary- 
land (1978 Replacement Volume and 1979 Cumulative 
Supplement) Sections 266J through 266CC, inclusive 

RECITALS 

Whereas, Ordinance No. 1022, approved November 
24, 1975, was enacted transferring all the duties and 
responsibilities of Baltimore City Economic Development 
Commission to the Department of Housing and Commu- 
nity Development, thereby vesting in such Department 
certain powers and duties to be exercised in connection 
with aiding the industrial growth of Baltimore City; 
and 

Whereas, Mayor and City Council of Baltimore (the 
"City") has received a letter of intent dated Decem- 
ber 10, 1979 (the ^'Letter of Intent''), from The Slays- 
man Company, a Maryland corporation (the "Com- 
pany"), requesting the (iity to participate in the financ- 
ing of the acquisition of a certain industrial project (the 
"Industrial Project") to be located in Baltimore City, 
Maryland, and being more particularly described herein, 
by borrowing from The First National Bank of Mary- 
land, a national banking association (the "Bank"), a 
sum of money not to exceed $700,000.00 (the "Loan"), 
pursuant to Sections 266J through 266CC, inclusive, of 
Article 41 of the Annotated Code of Maryland (1976 
Replacement Volume and 1979 Cumulative Supplement) , 
as amended (the "MIDFA Act") ; and 

Whereas, Section 266W(a) of the MIDFA Act pro- 
vides, among other things, that a municipality of the 
State of Maryland, notwithstanding the provisions of any 
charter and ^vithout in any event pledging its full faith 
and credit in support of a mortgage, is fully enabled 
and empowered to borrow money and to execute a mort- 
gage as security for the puiT^ose of defraying the cost of 
acquiring any industrial project approved by the Mary- 
land Industrial Development Financing Authoritv 
("MIDFA") ; and 



ORDINANCES 129 

Whereas, Section 266W(a) of the MIDFA Act also 
provides that the funds to be borrowed by the munici- 
pahty shall be utilized in connection with a "bona fide 
industrial project" as evidenced by a letter of intent or 
similar agreement between the prospective industrial 
project applicant and the municipality borrowing the 
money; and 

Whereas, MIDFA, at its December 20, 1979, meeting, 
approved the Industrial Project and the Loan, as set 
forth in the letter from MIDFA to the Company dated 
December 27, 1979, (the ''MIDFA Commitment Letter"), 
but the Loan will not be insured by MIDFA; and 

Whereas, the City has determined, based upon the 
findings and determinations hereinafter set forth, that it 
is in the best interests of the citizens of Baltimore City 
that the City accept the Letter of Intent and participate 
in the financing of the Industrial Project. 

NOW, THEREFORE, PURSUANT TO AND IN AC- 
CORDANCE WITH THE PROVISIONS OF THE 
MIDFA ACT: 

Section 1. Be it ordained by Mayor and City Council of 
Baltimorey That it is hereby found and determined as 
follows : 

(a) the financing of the acquisition of the Industrial 
Project will fulfill and accomplish the declared purpose of 
the MIDFA Act, which is to promote the expansion and 
diversification of industry, to avoid the relocation of in- 
dustrj^ from the State of Maryland, to increase employ- 
ment, and to provide a larger taxable base for the economy 
of the State of Maryland, resulting in new and expanded 
industrial enterprises to provide enlarged opportunities for 
gainful employment by the people of Maryland, and thus to 
insure the preservation and betterment of the economy of 
the State of Maryland; and, accordingly, it is in the best 
interests of the citizens of Baltimore City that the City 
participate in the financing of the acquisition of the Indus- 
trial Project; 

(b) the Industrial Project is an "industrial project," 
as defined in Section 266-0(3) of the MIDFA Act, and, 



130 ORDINANCES Ord. No. 27 

as evidenced by the Letter of Intent, the funds to be bor- 
rowed by the City (to finance the acquisition of the In- 
dustrial Project) will be utilized in connection \vith the ac- 
quisition of a ''bona fide industrial project," as mentioned 
in Section 266W(a) of the MIDFA Act, for use and occu- 
pancy by the Company, which is a "prospective industrial 
project applicant," as mentioned in Section 266W(a) of 
the MIDFA Act; and 

(c) MIDFA has approved the Industrial Project and 
the Loan as set forth in the MIDFA Commitment Letter, 
but the Loan will not be insured by MIDFA. 

Sec. 2. And be it fuHher ordained, That the City be and 
it is hereby fully authorized and empowered to borrow 
from the Bank a sum of money not to exceed $700,000.00 
(the "Loan") for a term not to exceed twenty (20) years 
at a rate of interest which shall not exceed eight per cent 
(8%) per annum, except in the event that it is at any 
time determined that such interest is for any reason not 
exempt from federal income taxes. If at any time it is 
determined that such interest is not exempt from federal 
income taxes, the rate of interest payable on the Loan shall 
be increased, retroactively and prospectively, to a rate of 
interest not to exceed the commercial prime rate of interest 
in effect at the Bank from time to time (floating) plus 
one per cent (1%) per annum. Interest shall be calculated 
on the basis of a 360-day year factor applied to actual days 
elapsed. 

Sec. 3. And he it further ordained, That the City cause 
the proceeds of the Loan to be used for the purpose of 
defraying a portion of the costs of (a) the renovations and 
expansion of certain improvements on the real property 
located at 111 Kane Street, Ward 26, Section 17, Block 
6345D, Lot 4, Baltimore, Maryland (the "Improvements") ; 
and (b) purchasing and installing certain machinen^ and 
equipment therein (the "Equipment"), all for use and 
occupancy by the Company in connection with its business 
operations (the Improvements and the Equipment being 
hereinafter sometimes collectively referred to as the "In- 
dustrial Project"). 



ORDINANCES 131 

Sec. 4. And he it further ordained, That the City acquire 
the Industrial Project and lease the same to the Company. 

Sec. 5. And be it further ordained, That, as described ;. 

generally in the Letter of Intent and as contemplated by i 

the MIDFA Act: ;; 

(a) the Loan will be evidenced by the City's note and I 
secured by a second deed of trust from the City to the ^ 
Bank's trustees; but the City shall in no event pledge its 

full faith and credit, and the Loan, and the interest there- C. 
on, will be repaid by the City solely from payments to be 

made by the Company to the City pursuant to the Loan ^ 

Documents (hereinafter defined) and from any other J 

moneys made available to the City for such purpose and ^ 

permitted by the MIDFA Act; C 

(b) the Company will make payments under the Loan 
Documents sufficient to pay (i) the principal of and in- 
terest on the Loan, (ii) all taxes and payments in lieu of 
taxes, and (iii) any expenses incurred by the City in con- 
nection with the administration of the Loan, all as the same 

become due and payable ; and ^ 

(c) any costs of acquiring the Industrial Project in 
excess of the proceeds of the Loan will be paid by the 
Company. 

Sec. 6. And he it further ordained, That the Industrial 
Project wall be acquired so as to conform to the require- 
ments of the Company; accordingly, the Company shall (i) 
select and work with the suppliers and contractors which 
will make the Renovations, and will negotiate and approve 
all contracts, construction plans and specifications, and 
financing arrangements in connection with the acquisition 
of the Industrial Project, and (ii) pay all necessary costs 
incurred by or on behalf of the City in connection with the 
aforesaid financing, including the administration thereof, 
and in connection with the acquisition of the Industrial 
Project, including (without limitation) all costs incurred 
in connection with the development of the appropriate legal 
documents necessary to effectuate the proposed financing 
and acquisition, including (without limitation) the fees 
of legal counsel and compensation to any other person per- 
forming services by or on behalf of the City in connection 



132 ORDINANCES OnL No. 27 

\\qth the transactions contemplated by this Ordinance, 
whether or not the proposed financing and acquisition are 
consummated. 

Sec. 7. And be it further ordained, That in connection 
with the borrowing and the acquisition described in this 
Ordinance, the Mayor and other appropriate officials of the 
City of Baltimore are hereby authorized and empowered : 

(i) to accept the Letter of Intent in order to materially 
induce the Company to pursue the transactions described 
therein and to further evidence the commitment of the City 
to participate in the financing of the acquisition of the 
Industrial Project; 

(ii) to execute and to accept such other documents, in- 
struments and certificates as are necessary or appropriate 
to evidence and secure the Loan and the obligation of 
the Company to make pajinents to the City sufficient to 
pay the principal of and interest on Loan and to con- 
summate the Loan and the acquisition of the Industrial 
Project, including, but not limited to, any and all leases, 
loan agreements, financing agreements, mortgages, deeds 
of trust, notes, assignments, security agreements, and 
any and all necessary financing statements, the form and 
substance of all of which (other than financing statements 
and other customary closing certificates and documents) 
shall be appi'oved by the Board of Estimates as herein- 
after provided. (All of such documents, insti-uments and 
certificates are herein collectively referred to as the "Loan 
Documents.") 

Sec. 8. And he it further ordained. That, notwithstanding 
an\i:hing contained in this Ordinance or in any document 
authorized herein to be executed, or the execution and 
delivery of any document authorized herein, neither the 
full faith and credit nor the taxing power of the City shall 
be deemed to be pledged hereby, and the City shall at no 
time be required to exercise its taxing power in order to im- 
plement the transactions authorized hereby. Nothing con- 
tained in this Ordinance shall be deemed or construed in 
any way to create or constitute a debt of the City within the 
meaning of any constitutional, statutor>' or other debt lim- 
itation provision, or to constitute any act or purpose other 



ORDINANCES 133 

than that contemplated by the MIDFA Act. Neither the 
Loan to be made to the City by the Bank nor the interest 
thereon shall ever constitute an indebtedness or a charge \ 

against the general credit or taxing powers of the City, ' 

within the meaning of any constitutional or charter pro- 
vision or statutory limitation, and neither shall ever con- ;■' 
stitute or give rise to any pecuniary liability of the City. t 

Sec. 9. And he it further ordained, That the terms ^ 

and provisions and form and substance of any and all doc- / 

uments and instruments to be executed or entered into by ^ 

the City in connection with the transactions authorized by * 

this Ordinance, other than customary closing certificates '^: 

and documents and financing statements, shall be approved ^ 

by the Board of Estimates of the City prior to the execu- y 

tion and delivery thereof by the Mayor of the City. ^ 



Sec. 10. And he it further ordained, That any and all nec- 
essary financing statements required for the consummation 
of the transactions authorized by this Ordinance may be ex- 
ecuted on behalf of the City by the Mayor of the City 
or by the Chief of the Bureau of Treasury Management of 
the City or by such other appropriate official of the City of 
Baltimore as may be designated by the Mayor of the City 
to execute such financing statements. 

Sec. 11. And he it further ordained, That the Department 
of Housing and Community Development is hereby fully 
authorized and empowered, for the purpose of this Ordi- 
nance only: 

(a) To promote, make investigations, conduct prelimi- 
nary negotiations, and do any and all other things neces- 
sary and proper to expedite the consummation of the trans- 
actions authorized by this Ordinance, all pursuant and 
subject to the provisions of the Charter of Baltimore City; 
and 

(b) After the transactions authorized by this Ordi- 
nance have been fully consummated, the Department of 
Housing and Community Development shall do any and 
all other things necessary, proper or expedient to assure 
the full performance by the Company of any and all of 



y. 



134 ORDINANCES Ord. No. 27 

the terms and provisions in any and all agreements entered 
into between the City and the Company, all of which shall 
be subject to the provisions of the Charter of Baltimore 
City. 

Sec. 12. And be it further ordained, That the Company 
shall agree, in the Loan Documents, that : 

(a) It will submit any plans and specifications for the 
Renovations to the Department of Housing and Community 
Development for approval. 

(b) It understands that, in addition to the economic 
feasibility of the acquisition of the Industrial Project, the 
Departm.ent of Housing and Community Development may 
consider, without limitation, the suitability of the site plan, 
architectural treatment, building plans, elevations, materi- 
als, color, construction details, access, parking, loading, 
landscaping, identification signs, exterior lighting, refuse 
collection details, streets, sidewalks, and harmony between 
the plans and the surroundings of the proposed Industrial 
Project; and that the Department of Housing and Com- 
munity Development may refuse approval of any plans 
and specifications for aesthetic or functional reasons. 

(c) It and its developers will work with the design 
advisory group appointed by the Department of Housing 
and Community Development in order to achieve high qual- 
ity site, building, and landscape design. 

Sec. 13. And he it further ordained, That this Ordinance 
is passed as ofl^cial action by the City for the purpose 
of materially inducing the Company to pursue the trans- 
action described in the Letter of Intent and the Letter of 
Intent is to be accepted as further evidence of such official 
action. 

Sec. 14. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved March 17, 1980. 

\VILLIA:\I DONALD SCHAEFER, Mayor. 



ORDINANCES 135 

No. 28 
(Council No. 78) 

AN ORDINANCE concerning 

HOTEL ROOM TAX 

FOR the purpose of increasing the amount of tax imposed 
on the transient guests in certain hotels. 

BY amending 
Article 28— Taxes 
Subtitle— Hotel Room Tax 
Section — 37 
Baltimore City Code (1976 Edition, as amended) 

Whereas, It is the intent of the City in increasing the 
rate of the hotel room tax to use those funds, collected in 
excess of the Fiscal Year 1979 receipts, for appropriations 
enhancing convention and tourist activities; now, therefore 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 37 of Article 28 of the Balti- 
more City Code (1976 Edition, as amended), title "Taxes", 
subtitle "Hotel Room Tax", be and it is hereby repealed 
and reordained with amendments to read as follows : 

Hotel Room Tax 
37. Tax imposed. 

(a) Rate. There is hereby levied and imposed a tax of 
[three per centum (3%)] five percentum (5%) on all 
gross amounts of money paid to the owners or operators 
of hotels in the City of Baltimore beginning January 1, 
1958, by transient guests or tenants for renting, using or 
occupying a room or rooms in said hotels, to be paid and 
collected as hereinafter provided. 

(b) Definitions. As used in this subtitle, a "transient 
guest or tenant" shall mean a person or persons renting, 
using or occupying a room or rooms in a hotel for less 
than ninety (90) consecutive days, and a "hotel" shall 
mean a building containing sleeping accommodations for 
more than twenty-five (25) persons and open to the 
transient public. 



136 ORDINANCES Ord. No. 29 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 
MAY 1, 1980. 

Approved March 21, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 29 
(Council No. 28) 

AN ORDINANCE concerning 

REZONING— 1151-1167 E. LOMBARD STREET 

FOR the purpose of changing the zoning for the properties 
known as 1151-1167 E. Lombard Street from the B-2-3 
Zoning District to the M-2-2 Zoning District as outlined 
in red on the plats accompanying this ordinance. 

BY amending Zoning District Maps 
Sheet No. 56 
Article 30 — Zoning 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheet No. 56 of the Zoning District Maps 
of Article 30 of the Baltimore City Code (1976 Edition, as 
amended), title ''Zoning" be and it is hereby amended by 
changing from the B-2-3 Zoning District to the M-2-2 
Zoning District the properties known as 1151-1167 E. Lom- 
bard Street, as outlined in red on the plats accompanying 
this ordinance. 

Sec. 2. And be it further ordained, That upon passage of 
this ordinance by the City Council, as evidence of the au- 
thenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the 
Zoning Ordinance, the President of the City Council shall 
sign the plat and when the IMayor approves the ordinance, 
he shall sign the plat. The Director of Finance shall then 



ORDINANCES 137 

transmit a copy of the ordinance and one of the plats to the 
following: the Board of Municipal and Zoning Appeals, 
the Planning Commission, the Commissioner of the Depart- 
ment of Housing and Community Development and the 
Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved March 28, 1980. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 30 
(Council No. 40) 

AN ORDINANCE concerning 

AMENDING ZONING CODE 

FOR the purpose of adding travel bureaus with not more 
than two employees to the permitted uses in the B-1 zon- 
ing district. 

BY adding to 
Article 30 — Zoning 
Subtitle — Business Districts 
Section (s) 6.1-lb-36A 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That section (s) of the Baltimore City Code 
(1976 Edition, as amended) be added, repealed, or amended, 
to read as follows : 

Article 30 — Zoning 

Business Districts 

6.1-lb 

36(a). Travel bureaus ivhen limited to NOT MORE 
THAN two employees 



138 ORDINANCES Ord. No. 31 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect immediately upon passage. 

Approved March 28, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 31 
(Council No. 102) 

AN ORDINANCE concerning 

CITY PROPERTY— SALE 

FOR the purpose of authorizing the Mayor and City Coun- 
cil of Baltimore to sell either at public or private sale all 
the interest of the Mayor and City Council of Baltimore 
in and to certain parcels of land and improvements no 
longer needed for public use located at 4800-4820 Pulaski 
Highway. 

BY authority of 

Article V — Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be 
and he is hereby authorized to sell at either public or 
private sale in accordance with Article V Section 5 (b) of 
the City Charter, all of the interest of the Mayor and City 
Council of Baltimore in and to that parcel of land situate 
in Baltimore, Maryland, and described as follows : 

BEGINNING for the same at the point formed by the 
intersection of the northwest side of Pulaski Highway, 88.0 
feet wide, and the third line of the parcel of land conveyed 
by Dixie Diner, Inc. to Gem Motel Corporation, by Deed 
dated January 13, 1959 and recorded among the Land 
Records of Baltimore City in Liber J.F.C. No. 540, folio 42, 
said point being distant north 9 degrees 34 minutes 20 sec- 



ORDINANCES 139 

onds west 8.27 feet from the point formed by the inter- 
section of the end of the third line of the aforesaid Deed 
and the northwest side of Pulaski Highway, 80.0 feet wide, 
said last mentioned point being distant south 65 degrees 
43 minutes 40 seconds west 808.43 feet from the comer 
formed by the intersection of the northwest side of said 
Pulaski Highway and the south side of Monument Street, 
114.0 feet wide, and running thence, binding on the north- 
west side of said Pulaski Highway, as conveyed and 
widened to a width of 88.0 feet by a Deed from J. William 
Sause and wife to the Mayor and City Council of Baltimore, 
dated December 13, 1956 and recorded among the aforesaid 
Land Records in Liber J.F.C. No. 17, folio 324, north 65 
degrees 43 minutes 40 seconds east 251.87 feet to a point in 
line with the northeast face of the northeast gable end wall 
of the brick building erected on the lot now being de- 
scribed; thence north 12 degrees 06 minutes 00 seconds 
west, binding on part of the second line of the parcel of 
land conveyed by J. William Sause and wife to J. J. Haines 
& Company, Inc., by Deed dated July 29, 1957 and recorded 
among the aforesaid Land Records in Liber J.F.C. No. 170, 
folio 361, to the northeast face of the northeast gable end 
wall and binding thereon and continuing the same course, 
in all, 197.03 feet to intersect the south side of said Mon- 
ument Street; thence south 87 degrees 06 minutes 20 sec- 
onds west, binding on the south side of said Monument 
Street, 236.23 feet to the beginning of the third line of the 
first aforementioned Deed from Dixie Diner, Inc. to Gem 
Motel Corporation, and thence south 9 degrees 34 minutes 
20 seconds east, binding on part of the third line of said 
Deed, 288.14 feet to the place of beginning. The improve- 
ments thereon being known as Nos. 4800-4820 Pulaski 
Highway (Ward 26, Section 20, Block 6169, Lot 3/3B) 

TOGETHER with the benefits, rights and easements 
specifically set forth in Deed dated July 29, 1957 and re- 
corded among said Land Records in Liber J.F.C. No. 170, 
folio 361, from J. William Sause and Matilda B. Sause, his 
wife, to J. J. Haines & Company, Inc., which benefits, 
rights and easements were reserved unto J. William Sause 
and wife in said Deed for the purpose of enabling them, 
their heirs and assigns, to maintain and continue to main- 
tain certain encroachments all particularly set forth in said 



140 ORDINANCES Ord. No. 32 

Deed, on property of the said J. J. Haines & Company, 
Inc. 

Said property being no longer needed for public use. 

Sec. 2. Be it further ordained. That no deed or deeds 
shall pass in accordance herewith until the same shall have 
been first approved by the City Solicitor. 

Sec. 3. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 1 

Approved March 28, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 32 

(Council No. 106) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION- 
DEPARTMENT OF HOUSING AND 
COMMUNITY DEVELOPMENT 

FOR the purpose of providing a supplementaiy special 
fund appropriation in the amount of Twenty four Million 
Five Hundr e d Fiftv - ono Thousand Ofte Hundred Dollar s 
($21,551,100) TWENTY-FIVE MILLION EIGHT HUN- 
DRED NINETY-NINE THOUSAND ONE HUNDRED 
DOLLARS (825.899,100) to the Department of Housing 
and Community Development to be used for carrying out 
capital improvements included in the Federal Community 
Development Block Grant Program for Baltimore City 
(Year VI). 

BY authority of 

Article VI — Board of Estimates 

Section 2(h)(2) 

Baltimore City Charter (1964 Revision, as amended) 



ORDINANCES 141 

Whereas, the entitlement application by Baltimore City 
for a Community Development Block Grant from the U.S. 

Department of Housing and Urban Development for the ^ 

Year VI beginning March 6, 1980 proposes funding of ; 

$ 11,111,200 ^15,686,200 for operating activities and $2V '*; 

551,100 $25,899,100 for capital improvements ; and '',; 

Whereas, it is intended that the aforementioned $44,- \> 

411,200 $15,686,200 for operating activities will be made ^ 

available in the fiscal 1981 Ordinance of Estimates in ^ 

amounts to City Agencies as follows: $7,159,200 $8,691,200 
to the Department of Housing and Community Develop- , 

ment; $125,000 $495,000 to the Department of Planning; % 

and $6,827,000 $6,500,000 to the Urban Services Agency; y, 

and 



Whereas, it intended that the aforementioned $21,551 
400 $25,899,100 for capital improvements will be made 
available to the Department of Housing and Community 
Development by this supplementary appropriation ordi- 
nance; and '^ 

Whereas, the money appropriated herein represents a ' 

grant from a public source which could not be expected ^ 

with reasonable certainty at the time of formulation of the 
fiscal 1980 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, the recommendation having 
been made at a regular meeting of said Board held on the 
13th day of February, 1980, all in accordance with Article 
VI, Section 2(h) (2) of the Baltimore City Charter (1964 
Revision, as amended). 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2(h) (2) of the 1964 revision of the Charter of Balti- 
more Cit\% the sum of Twenty four Million Kve Hundred 
Fifty one Thousand Ofi^ Hundred Dollars ($21,551,100) 
TWENTY-FIVE MILLION EIGHT HUNDRED NINETY- 
NINE THOUSAND ONE HUNDRED DOLLARS ($25,- 
899,100) shall be made available to the Department of 
Housing and Community- Development of the City of Bal- 



142 ORDINANCES Ord. No. 32 

timore as a supplementary special fund appropriation for 
the fiscal year ending June 30, 1980 for the pui-pose of 
carrying: out capital improvements included in the Fed- 
eral Community Development Block Grant Program for 
Baltimore City (Year VI), provided that said improve- 
ments shall consist of the follov^ing named projects : 



Barclay 


$ 358,800 


Charles Center 


619,000 


Coldspring 


100,000 


Coldspring Transit Station 


$ 14,000 


Coldstream/Homestead/Montebello 


253,300 


Druid Heights 


425,600 


East Baltimore Midway 


297,700 


Fells Point 


476,100 


Franklin Square 


265,800 


Govans 


157,800 


Greenmount West 


538,900 




788,900 


Inner Harbor East 


100,000 


Inner Harbor I 


3,100,000 


Inner Harbor West 


2,348,500 


Johnston Square 


693,600 


Jonestown 


326,700 


Loft District 


142,300 


Midto\vn Belvedere 


423,600 


Middle East 


319,300 




407,300 


Mondawmin Transit Station 


70,700 


Mount Clare 


248,400 


Mount Vernon 


22,000 


Mount Winans 


232,100 


Municipal Center 


50,000 


North Avenue Transit Station 


46,600 


Old town 


266,300 


Oliver 


1,163,200 


Orchard-Biddle 


54,500 


Park Heights 


747,500 


Patterson Park 


102,700 


Poppleton 


998,100 




1,378,100 


Reservoir Hill 


392,000 




392,000 



ORDINANCES 




Retail District 


200,000 


Ridgely's Delight 


500,000 


Rogers Avenue Transit Station 


8,000 


Sandtown-Winchester 


996,600 


Sharp-Leadenhall 


180,300 


Upper Fells Point 


6,200 


Upton 


1,597,500 


Washington Hill-Chapel 


916,500 


Washington Village 


793,400 


Neighborhood Housing Services, Inc. 


250,000 


Rehabilitation Aid 


2,500,000 


Economic Development 


500,000 




700,000 


Special Projects for Neighborhoods 


845,500 




945,500 


WASHINGTON VILLAGE MEDICAL 




CENTER 


100,000 


MOUNT HOLLY 


50,000 


INFLATION RESERVE 


80,000 



143 



The amount thus made available as a supplementary 
special fund appropriation shall be expended from a grant 
of funds to the Mayor and City Council of Baltimore by 
the Federal Government, said sum being allotted to the 
Mayor and City Council of Baltimore by the U.S. Depart- 
ment of Housing and Urban Development under Title I 
of the Housing and Community Development Act of 1974; 
and said funds from said U.S. Department of Housing 
and Urban Development shall be the source of revenue for 
this supplementary special fund appropriation, as required 
by Article VI, Section 2 of the Baltimore City Charter 
(1964 Revision, as amended). 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 28, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



i 

\ 



144 ORDINANCES Ord. No. 33 

No. 33 

(Council No. 113) 

AN ORDINANCE concerning 

ISSUANCE OF INDUSTRIAL DEVELOPMENT 
REVENUE BONDS— ART LITHO COMPANY 

FOR the purpose of authorizing- and empowering Mayor 
and City Council of Baltimore (the "City"), to issue, sell 
and deliver at any time or from time to time its Industrial 
Development Revenue Bonds, designated "Baltimore City, 
Maryland Industrial Development Revenue Bonds (Art 
Litho Company Project)", in the aggregate principal 
amount not to exceed $1,000,000 (the "Bonds"), pursuant 
to the provisions of Sections 266A to 266-1, inclusive, of 
Article 41 of the Annotated Code of Maryland (1978 Re- 
placement Volume and 1979 Cumulative Supplement), as 
amended, in order to loan the proceeds thereof (the 
"Loan") to Art Litho Company, a Maryland corporation 
(the "Company"), and Philip A. Hoffman and Phyllis M. 
Hoffman, the principal shareholders of the Company (the 
"Hoffmans"), (the Company and the Hoffmans collectively 
referred to as the "Borrower") for the sole and exclusive 
purpose of financing the acquisition by the borrower of a 
certain industrial building in Baltimore City, which shall 
be used by the Company, as provided in this ordinance; 
authorizing the Mayor of the City to accept, on behalf of 
the City, the Company's letter of intent to the City dated 
November 27, 1979 as supplemented by the borrower's 
letter of January 14, 1980; making certain legislative 
findings, among others, concerning the public benefit and 
purpose of the Bonds; providing that the Bonds and the 
interest thereon shall be limited obligations of the City, 
repayable by the City solely from the revenue derived 
from loan repayments (both principal and interest) made 
to the City on account of the loan and from any other 
moneys made available to the City for such purpose, and 
that neither the Bonds nor the interest thereon shall ever 
constitute an indebtedness or a charge against the general 
credit or taxing powers of the City within the meaning of 
any constitutional or charter provision or statutory limita- 
tion and that neither shall ever constitute or give rise to 



i 



I 



ORDINANCES 145 

any pecuniary liability of the City ; authorizing the private 
(negotiated) sale of the Bonds; prescribing the rate or 
rates of interest the Bonds are to bear, the basic form, '-^ 

tenor, terms and conditions of, and security for, the Bonds )■ 

and the terms and conditions under which the Bonds may i. 

be called for redemption prior to their stated maturity or '\- 

maturities; authorizing and empowering the Board of [ 

Finance of the City (the "Board"), prior to the issuance, ^ 

sale and delivery of any of the Bonds, to adopt a resolu- ^ 

tion pursuant to which the Board may (1) prescribe the ^ 

rate or rates of interest the Bonds are to bear, and the ' 

final form, tenor, terms and conditions of and security < 

for the Bonds, (2) prescribe the actual amounts, denomi- ; 

nations, date, actual maturity or maturities (within the 
limits herein prescribed) and the place or places of pay- 
ment of the Bonds, and the final terms and conditions and 
details under which the Bonds may be called for redemp- 
tion prior to their stated maturity, (3) approve the form 
and contents, and authorize the execution and delivery v 

(where applicable), of (a) a loan agreement between the J 

borrower and the City, (b) a trust agreement by and be- ^ 

tween the City, and a trustee (which may be the original f, 

purchaser of the Bonds), and (c) such other documents '' 

including (without limitation) mortgages, deeds of trust, 
assignments of leases, guaranties and security instruments 
as the Board shall deem necessary to effectuate the is- 
suance, sale and delivery of the Bonds, (4) determine the 
time or times of execution, issuance, sale and deliveiy of 
the Bonds and prescribe any and all other details of the 
Bonds, (5) provide for the payment by the borrower of 
all costs, fees and expenses incurred by or on behalf of 
the City in connection with the issuance, sale and delivery 
of the Bonds, and (6) do any and all things, and authorize 
the officials of the City to do any and all things, necessary, 
proper or expedient in connection with the issuance, sale 
and delivery of the Bonds; providing that the borrower 
shall submit any plans and specifications for the acquisi- 
tion of the industrial building to the Department of 
Housing and Community Development for approval; pro- 
viding that if the Bonds are not issued within six months 
from the date this ordinance is approved by the Mayor of 
the City, the authorization to issue Bonds in this ordinance 
shall expire; authorizing the Board to extend the authori- 



146 ORDINANCES Ord. No. 33 

zation for the Bonds for an additional term not to exceed 
six months; and generally providing for, and determining 
various matters and details in connection with, the authori- 
zation, issuance, security, sale and payment of the Bonds. 

RECITALS 

Sections 266 A to 266-1, inclusive, of Article 41 of the 
Annotated Code of Maryland (1978 Replacement Volume 
and 1979 Cumulative Supplement), as amended, (the 
"Act") empower all the counties and municipalities of the 
State of Maryland to issue revenue bonds and to loan the 
proceeds of the sale of such revenue bonds to an industrial 
concern (as mentioned in the Act) to finance the acquisi- 
tion (as mentioned in the Act) by such industrial concern 
of any industrial building (as mentioned in the Act). The 
Act declares it to be the legislative purpose to relieve con- 
ditions of unemployment in the State of Maryland, to en- 
courage the increase of industry and a balanced economy 
in the State of Maryland, to assist in the retention of 
existing industry in the State of Maryland through the 
control, reduction or abatement of pollution of the environ- 
ment (where proceeds of the bonds are used for that pur- 
pose) , to promote economic development, to protect natural 
resources and in this manner to promote the health, wel- 
fare and safety of the residents of each of the counties and 
municipalities of the Staite of Maryland. 

Mayor and City Council of Baltimore (the "City") has 
received a letter of intent (as contemplated by Section 
266B(d) of the Act) dated November 6, 1979, from Art 
Litho Company, a Maryland corporation and an industrial 
concern as mentioned in Section 266A(a) of the Act (the 
"Company"), as amended by a letter dated January 14, 
1980 from the Company and Philip A. Hoffman and 
Phyllis M. Hoffman, the principal stockholders of the 
Company and together an industrial concern as mentioned 
in Section 266(A) (h) of the Act (the "Hoffmans") (the 
Company and the Hoffmans hereinafter collectively re- 
ferred to as the "Borrower" and the November 6, 1979 
letter and the January 14, 1980 letter hereinafter collec- 
tively referred to as the "Letter of Intent"), pursuant to 
which the Borrower has requested the City to participate 
in the financing of the acquisition by the Borrower of an 



ORDINANCES 147 

industrial building (within the meaning of the Act) to be 
located in Baltimore City, Maryland (the "Industrial 
Building"), by the issuance and sale by the City of its 
Baltimore City, Maryland Industrial Development Revenue 
Bonds (Art Litho Company Project), in the aggregate 
principal amount not to exceed $1,000,000 (the "Bonds"), 
and by loaning the proceeds of the Bonds to the Borrower 
upon the terms and conditions of a loan agreement to be 
entered into between the City and the Borrower (the "Loan 
Agreement"), as permitted by the Act (such loan being 
herein referred to as the "Loan") . 

The Industrial Building will consist generally of 

(a) the acquisition and installation of a new Royal 
Zenith Planeta Variant four (4) color press, (the 
"Press") in the Company's facility located at 1500 West 
Patapsco Avenue, Baltimore, Maryland (the "Patapsco 
Avenue Facility") ; and 

(b) the acquisition and/or construction of an addition 
to the Company's facility located at 2220 Langley Street, 
Baltimore, Maryland (the "Langley Street Facility") con- 
taining approximately 20,000 square feet of manufacturing 
and warehouse space, (the "Addition") ; together with 
necessary and useful machinery equipment and other neces- 
sary facilities. 

The Patapsco Avenue Facility is leased by the Company 
from the Hoffmans and is owned by the Hoffmans. The 
Langley Street Facility is owned by the City and is leased 
to the Hoffmans pursuant to a lease agreement (the 
"MIDFA Lease") in accordance with Ordinance No. 343 
of (the 1973 Legislative Session of the City Council of 
Baltimore (the "MIDFA Ordinance") which authorized 
the City (i) to borrow a sum of money (the "MIDFA 
Loan") not to exceed $445,450 pursuant to Sections 266J 
to 266CC, inclusive, of the Annotated Code of Maryland 
(1971 Replacement Volume and 1972 Supplement) (the 
"MIDFA Act") in order to acquire and improve the 
Langley Street Facility, (ii) to lease the Langley Street 
Facility to the Hoffmans, and (iii) to grant a First Deed 
of Trust covering, inter alia, the Langley Street Facility 
as security for the MIDFA Loan. Upon pajmient or pre- 
payment of all rent due to the City pursuant to the MIDFA 



148 ORDINANCES Ord. No. 33 

Lease, the City is obligated to convey title to the Langley 
Street Facility to the Hoffmans. In accordance with the 
MIDFA Ordinance, the Hoffmans have subleased the 
Langley Street Facility to the Company. 

The Loan Agreement will require the Borrower (a) to 
use the proceeds of the Bonds solely to finance the acquisi- 
tion of the Industrial Building and to pay the costs of 
preparing, issuing and delivering the Bonds and to pay 
other costs as peiTnitted by the Act, and (b) to make Loan 
payments which will be sufficient to enable the City to pay 
the principal of, and interest and premium, if any, on, the 
Bonds when and as the same shall become due and payable. 

As security for the Bonds, the City will enter into a 
Trust Agreement (the "Trust Agreement") with a trustee 
(the "Trustee") to be appointed by the Board of Finance 
of the City (the "Board") by a resolution (the "Resolu- 
tion") to be adopted by the Board prior to the issuance, 
sale and deliver\^ of the Bonds and who may be the original 
purchaser of the Bonds. 

As security for the Loan, the Hoffmans will execute a 
Deed of Trust in which the City will join, as a Grantor, to 
certain individual trustees, covering, among other things, 
the Langley Street Facility (the "Deed of Trust"), which 
Deed of Trust shall provide that the obligations of the City 
thereunder shall be solely and exclusively payable from 
revenue derived from loan pajonents made to the City on 
account of the Loan and any other moneys made available 
to the City for such purpose, and that no such obligation 
shall ever constitute an indebtedness or charge against the 
general credit or taxing powers of the City within the 
meaning of any constitutional or charter pro\ision or statu- 
tory limitation or shall ever constitute or give rise to any 
pecuniaiy liability of the City. 

Pursuant to the Trust Agreement, the City will assign 
to the Trustee, its successors and assigns, (a) all of the 
City's right, title and interest in and to, and remedies 
under, the Loan Agreement, including (without limitation) 
any and all collateral referred to therein, excepting only 
the right of the City to indemnification by the Borrower 
and to payments to the City for expenses incurred by the 
City itself, (b) the City's right, title and interest in and 



ORDINANCES 149 

to, and remedies under the Deed of Trust, (c) certain 
moneys which are at any time or from time to time on 

deposit with the Trustee, (d) all right, title and interest in ; 

and to, and remedies with respect to, any and all other V 

property of every description and nature from time to time »• 

by delivery or by writing of any kind conveyed, pledged, '',■ 

assigned or transferred, as and for additional security for I 

the Bonds or the Loan, and (e) all of the City's right, title / 

and interest in and to, and remedies under, such other ^ 

documents, including (without limitation) mortgages, ^ 

deeds of trust, assignments of lease, guaranties and se- '' 

curity instruments as the Board shall deem necessary to ^ 

effectuate the Loan and the issuance, sale and delivery of ^ 
the Bonds and which the Board shall approve by the adop- 
tion of the Resolution. 



NOW THEREFORE, IN ACCORDANCE WITH THE 



'/ 



ACT: C 

Section 1. Be it ordained by the Mayor and City Council ^/ 

of Baltimore, That acting pursuant to the Act, it is hereby '^ 

found and deteiTnined as follows: J 

(a) The issuance and sale of the Bonds by the City ^ 
pursuant to the Act in order to lend the proceeds thereof 

to the Borrower for the sole and exclusive purpose of 
financing the acquisition (within the meaning of the Act) 
by the Borrower of the Industrial Building, to pay the 
costs of preparing, printing and selling the Bonds and to 
pay other costs permitted by the Act ^\dll facilitate and 
expedite the acquisition of the Industrial Building by the 
Borrower. 

(b) The acquisition of the Industrial Building by the 
Borrower and the financing thereof as provided in this 
Ordinance will promote and contribute to the declared 
legislative purposes of the Act, as set forth in Section 
266B(b) thereof, by: (i) sustaining jobs and employment, 
thus relieving conditions of unemployment in the State of 
Maryland and in Baltimore City; (ii) encouraging the in- 
crease of industry and the creation of a balanced economy 
in the State of Maryland and in Baltimore City; (iii) 
assisting in the retention of existing industry in the State 
of Maryland and in Baltimore City; (iv) promoting eco- 
nomic development; and (v) thereby promoting the health. 



150 ORDINANCES Ord. No. 33 

welfare and safety of the residents of the State of Mary- 
land and Baltimore City. 

(c) In addition to authorizing the City itself to acquire 
the Industrial Building and either to lease or to sell the 
same to the Borrower, the Act, as an alternative pro- 
cedure, also authorizes the financing of the Industrial 
Building to be accomplished in the form of a loan by the 
City to the Borrower. The loan form of transaction avoids 
indirect costs and burdens on the City by not requiring 
any direct involvement by the City in the acquisition, 
ownership or administration of the Industrial Building, 
while permitting ample controls to be imposed on the use 
of the proceeds of the Bonds to insure that the public 
purposes of the Act and the Bonds are fully accomplished. 
While the City will own the Addition as a result of the 
arrangements relating to the MIDFA Loan, the Hoffmans 
are responsible for the administration and maintenance 
of the Langley Street Facility under the terms of the 
MIDFA Lease. It is, therefore, in the best interests of the 
citizens of the City to finance the acquisition of the In- 
dustrial Building by a loan to the Borrower and the ac- 
quisition of the Industrial Building by the Borrower. This 
Ordinance contemplates and authorizes a transaction in 
the form of a loan of the proceeds of the Bonds by the 
City to the Borrower, rather than a transaction in the 
form of a lease or sale of the Industrial Building. Accord- 
ingly, this Ordinance, together with the Resolution, the 
Trust Agreement and the Loan Agreement authorized 
hereby, and the other documents referred to herein, con- 
tains, or shall contain, such provisions as the City deems 
appropriate to effect the financing of the acquisition by 
the Borrower of the Industrial Building by the loan form 
of transaction. 

(d) Neither the Bonds nor the interest nor redemption 
premium, if any, thereon shall ever constitute an indebted- 
ness or general obligation of the City or a charge against, 
or pledge of, the general credit or taxing powers of the 
City, within the meaning of any constitutional or charter 
provision or statutory limitation, or shall ever constitute 
or give rise to any pecuniary liability of the City. The 
Bonds and the interest and redemption premium, if any, 
thereon shall be limited obligations of the City, and shsill 



I 



ORDINANCES 151 

be solely payable from (i) certain revenue derived from 
Loan repayments (both principal and interest) made to 
the City by the Borrower on account of the Loan, (ii) • 

moneys derived from any collateral pledged under the '; 

Loan Agreement or under any assignment of lease, mort- *; 

gage, deed of trust, guaranty or security agreement ex- '.■■ 

ecuted or delivered in connection with the Bonds or the i 

Loan, and (iii) any other moneys made available to the / 

City for such purpose. Accordingly, this Ordinance defi- " 

nitely fixes and determines the entire amount of the above (. 

described receipts and revenues of the City from the Loan ' 

(except for certain rights of the City to indemnification ^ 

and to payments in respect of its administrative expenses 
in connection with the Bonds and the Loan) to be the 
amount of revenue derived from payments with respect to 
the Loan which is necessary to be set apart and applied to 
the pajnnent of principal of, the interest on, and the re- 
demption premium, if any, on, the Bonds. The proceeds of ' 
the Bonds will be deposited with the Trustee to be held ^ 
and disbursed by the Trustee as provided in the Trust { 
Agreement to be approved by the Board in the Resolution. f 
The payments to be made by the Borrower pursuant to the 
Loan Agreement will be paid to, and disbursed to, the 
holders of the Bonds by the Trustee as provided in the 
Trust Agreement to be approved by the Board in the 
Resolution. No such moneys will be commingled with the 
City*s funds or will be subject to the absolute control of 
the City, but will be subject only to such limited super- 
vision and checks as are deemed necessary or desirable by 
the City to insure that the proceeds of the Bonds are used 
to accomplish the public purposes of the Act and this 
Ordinance. The transactions authorized hereby do not 
constitute any physical public betterment or improvement 
or the acquisition of property for public use or the pur- 
chase of equipment for public use. The public purposes 
expressed in the Act are to be achieved by facilitating the 
acquisition of the Industrial Building by the Borrower. 

(e) The City will acquire or possess no interest in the 
Industrial Building other than (i) title to the Addition 
subject to rights of the Hoffmans pursuant to the MIDFA 
Lease, (ii) any general interest in the Borrower's property 
shared by all holders of the Borrower's obligations which 



/ 



152 ORDINANCES Ord. No. 33 

rank and are secured equally with the Borrower's obliga- 
tions pursuant to the Loan Agreement and other obliga- 
tions incurred pursuant to this Ordinance, (iii) the lien 
and security interest created by the Deed of Trust and 
by the Loan Agreement, and (iv) any interest created 
by any other mortgage, deed of trust, assignment of lease 
or other security instrument executed and delivered by 
the Borrower or any third party as security for the Loan 
as the Board may provide for and approve in the Resolu- 
tion. The security for the Bonds shall be solely and exclu- 
sively (A) the absolute, irrevocable and unconditional 
obligations of the Borrower to make the pa>Tnents required 
by the Loan Agreement, (B) moneys realized from the 
liquidation of the liens and security interests created by 
the Deed of Trust and the Loan Agreement and of any 
other lien or security interest created with respect to any 
property as security for the Loan or the Bonds as the 
Board may provide for and approve in the Resolution, 
(C) moneys realized from any guaranty of the Bonds or 
of the Loan as the Board may provide for and approve in 
the Resolution and (D) any other property made available 
for such purpose. 

(f ) None of the revenues derived by the City from the 
Loan Agreement shall be set aside as a depreciation 
account (mentioned in the Act) since such a depreciation 
account would (i) be inconsistent with the loan form of 
transaction authorized hereby, and (ii) place an unrea- 
sonable burden on the Borrower so as to adversely affect 
the feasibility of the transaction and thus frustrate the 
legislative purposes of the Act. The Borrower shall cov- 
enant and agree in the Loan Agreement to properly 
operate and maintain (or cause to be operated or main- 
tained) the Industrial Building during the time any of 
the Bonds are outstanding. Such covenant and agreement 
shall include a specific undertaking by the Borrower to 
make (or cause to be made) all equipment replacements 
and repairs necessary to insure that the security for the 
Bonds shall not be impaired. 

(g) The best interests of the City \vi\] be serv^ed by 
selling the Bonds at private (negotiated) sale, as author- 
ized by the Act, upon teiTns and conditions approved by 
the Board in the Resolution. 



ORDINANCES 153 

(h) The Industrial Building constitutes an "industrial 
building" within the meaning of the Act, the Company is 
an "industrial concern" (as mentioned in Section 266A(a) 
of the Act) and the Hoffmans are an "industrial concern" 
(as mentioned in Section 266A(h) of the Aot) and the 
Borrower is a "bona fide tenant" or "bona fide purchaser" 
(as mentioned in the Act). Therefore, the Industrial Build- 
ing is to be acquired by a bona fide tenant or purchaser 
(as mentioned in Section 266B(d) of the Act), as evi- 
denced by the Letter of Intent, which is a letter of intent 
within the meaning of the Act. 

Sec. 2. And be it further ordained, That the City is 
hereby authorized and empowered to issue, sell and deliver, 
in one or more series, from time to time, its Baltimore City, 
Maryland Industrial Development Revenue Bonds (Art Litho 
Company Project), in the aggregate principal amount not 
to exceed $1,000,000, subject to the provisions of this 
Ordinance. The proceeds of the Bonds vdW be loaned to the 
Borrower pursuant to the tenns and provisions of the Loan 
Agreement, to be used by the Borrower for the sole and 
exclusive purpose of financing the acquisition of the In- 
dustrial Building. The Bonds and the interest and redemp- 
tion premium, if any, thereon shall be limited obligations 
of the City, repayable by the City solely from the revenue 
derived from Loan repayments (both principal and inter- 
est) made to the City by the Borrower pursuant to the 
Loan Agreement, moneys derived from any collateral 
pledged under the Loan Agreement or under any assign- 
ment of lease, mortgage, deed of trust or security agreement 
executed or delivered in connection with the Bonds or the 
Loan and from any other moneys made available to the 
City for such purpose. The security for the Bonds shall be 
solely and exclusively as provided in Section 1(d) and (e) 
of this Ordinance. 

Sec. 3. And be it further ordained, That each of the 
Bonds shall bear the descriptive title "Baltimore City, 
Maryland Industrial Development Revenue Bond (Art Litho 
Company Project)", and shall be issued in two series, which 
shall be equally and ratably secured, further designated as 
"Series A" (the "Series A Bonds") and "Series B" (the 
"Series B Bonds") respectively, provided, that the descrip- 



154 ORDINANCES Ord. No. 33 

tive title for any of the Bonds may contain such other 
descriptive information (e.g. "1980 Series") as the Board 
may prescnbe in the Resolution. The proceeds of the Series 
A Bonds shall be loaned to the Borrower to be used to 
acquire the Press, and the proceeds of the Series B Bonds 
shall be loaned to the Borrower to be used to acquire the 
Addition ; provided, however, that the aggregate principal 
amount of the Bonds issued pursuant to this Ordinance 
shall not exceed $1,000,000. Unless the City Council shall, 
by ordinance or resolution, determine otherwise, the Bonds 
shall bear interest from the date of delivery at the rate 
of eight and one half per centum (8%%) per annum; pro- 
vided, however, that during any period in which the inter- 
est payable on the Bonds is for any reason includible in 
the gross income (as defined in Section 61 of the Internal 
Revenue Code of 1954, as amended) of the holder of any 
of the Bonds, the rate of interest payable on such Bonds 
shall be the commercial prime rate of interest from time 
to time charged by the original purchaser of the Bonds 
(or at the commercial prime rate of interest from time to 
time as charged by any financial institution selected by the 
Board in the Resolution) plus two per centum (2^) per 
annum. Interest on the Bonds shall be payable periodically 
on dates to be prescribed by the Board in the Resolution 
and shall be calculated on the basis of a 360-day year factor 
applied to actual days elapsed. The principal of the Bonds 
shall be payable in periodic installments on the dates and 
in the amounts to be prescribed by the Board in the 
Resolution. 

Sec. 4. And be it further ordained, That the definitive 
Series A Bonds, which may be engraved, printed or type- 
written, shall be substantially in the following fonn with 
such appropriate variations, omissions and insertions as the 
Board may approve in the Resolution : 

FORM OF BOND 

No. RA- $ 

19 



UNITED STATES OF AMERICA 

STATE OF MARYLAND 
BALTIMORE CITY, MARYLAND 



ORDINANCES 155 

INDUSTRIAL DEVELOPMENT REVENUE BOND 
(ART LITHO COMPANY PROJECT) SERIES A 

PAYMENTS OF THE PRINCIPAL OF, AND INTER- 
EST ON, THIS BOND ARE PAID BY CHECK OR 

DRAFT MAILED TO AS TRUSTEE, 

FOR THE ACCOUNT OF THE REGISTERED OWNER 
THEREOF. IT CANNOT BE DETERMINED FROM 
THE FACE OF THIS BOND WHETHER ALL OR ANY 
PART OF THE PRINCIPAL OF OR INTEREST ON 
THIS BOND HAS BEEN PAID. 

FOR VALUE RECEIVED, MAYOR AND CITY COUN- 
CIL OF BALTIMORE, a body politic and corporate and 
a political subdivision of the State of Maryland (the 
"Issuer'*), hereby promises to pay (but only out of the 
"Receipts and Revenues of the Issuer from the Loan" as 

hereinafter defined) to 

or its successor or registered 

assignee or legal representative the principal sum of 

DOLLARS, payable in 

installments and in the manner hereinafter set forth, and 
to pay interest on the unpaid principal amount hereof from 

, 19 , until paid in full (or, if this 

bond, or any portion hereof, shall have been duly called 
for early redemption and payment of the redemption price 
shall have been made or provided for, until the date fixed 
for such early redemption) at the rate of eight and one 
half per centum (81/2%) per annum (calculated on the 
basis of a 360-day year factor applied to actual days 
elapsed) payable at the times and in the manner herein- 
after set forth; provided, however, that during any period 
in which the interest payable hereon is for any reason 
includible in the gross income (as defined in Section 61 
of the Internal Revenue Code of 1954, as amended) of the 
holder hereof, the rate of interest payable on the unpaid 
principal amount hereof shall be at the rate equal to the 

commercial prime rate of interest in effect at 

from time to time plus two per centum (2%) 

per annum (calculated on the basis of a 360-day year 
factor applied to actual days elapsed) . 

The principal hereof and interest hereon shall be paid 
in any coin or currency of the United States of America 



156 ORDINANCES Ord. No. 33 

which, at the respective times of payment, is legal tender 
for the payment of public and private debts, as follows: 

(a) interest only shall be payable on the first day of 

, by check or draft mailed by 

as Trustee (the ^Trustee") to the 

registered owner hereof at its address as it appears on the 
bond regisitration books of the Issuer without the necessity 
of surrendering or presenting this bond, and such pajment 
shall fully discharge the obligation of the Issuer herein 
to the extent of the pajTnent so made ; 

(b) then, commencing on , and on the 

first day of each and every month thereafter, to and in- 
cluding the first day of , the principal 

sum and interest thereon shall be payable in 180, equal, 

consecutive, monthly installments of $ each 

(except as hereinafter provided), by check or draft mailed 
by the Trustee to the registered o^\^ler hereof at its address 
as it appears on the bond registration books of the Issuer, 
without the necessity of surrendering or presenting this 
bond, and all such pa\Tnents shall fully discharge the obli- 
gation of the Issuer herein to the extent of the payments 
so made; and 

(c) the entire unpaid principal amount hereof and all 
accrued and unpaid interest hereon shall be due and pay- 
able on , if not paid earlier. 

Notwithstanding any other provision of this bond, during 
any period in which the interest payable hereon is for any 
reason includible in the gross income (as defined in Sec- 
tion 61 of the Internal Revenue Code of 1954, as amended) 
of the owner hereof, the rate of interest payable hereon 
shall be increased to the commercial prime rate of interest 

in effect at from time to time plus two 

per centum (2%) per annum (the "Taxable Rate") ; and 
the Issuer agrees to make all pa>Tnents due hereon during 
any such period in an amount increased (retroactively and 
prospectively) to include interest at the Taxable Rate, and 
the monthly installments of principal and interest as stated 
above shall be adjusted accordingly during any such period. 

Any payment of interest or interest and principal re- 
quired to be made hereunder which is not made within 15 



ORDINANCES 157 

days from the date on which the same is due and payable 
shall continue as an obligation of the Issuer until the 
amount in default is fully paid, and the Issuer agrees to 
pay, to the extent peiTnitted by law and subject to the 
limitations contained herein, interest thereon at the Tax- 
able Rate from the date the same became due and payable 
until paid in full. 

All payments hereon, including prepayments, shall be 
applied first to accrued and unpaid interest and the balance 
to principal. 

This bond is issued under and pursuant to the Consti- 
tution and the laws of the State of Maryland, particularly 
Sections 266A to 266-1, inclusive, of Article 41 of the 
Annotated Code of Maryland (1978 Replacement Volume 
and 1979 Cumulative Supplement) as amended, (the 

"Act"), and under and pursuant to Ordinance No 

of the Issuer, approved by the Mayor of the Issuer on 

(the "Ordinance") , and by a resolution 

adopted by the Board of Finance of the Issuer on 

(the "Resolution"), for the purpose of 

financing the acquisition of a certain industrial building to 
be located in the City of Baltimore (the "Industrial 
Building") by the Borrower. 

The proceeds of this bond are being loaned to the Bor- 
rower by the Issuer under a Loan Agi-eement dated as of 

, between the Borrower and the Issuer 

(the "Loan Agreement"). 

This bond is issued under a Trust Agreement dated 

by and between the Issuer and the 

Trustee (the "Trust Agreement"), and, to the extent pro- 
vided therein, is together with all other bonds that may 
be issued thereunder, equally and ratably secured and en- 
titled to the protection given by the Trust Agreement. 
Pursuant to the Trust Agreement the Issuer has assigned 
to the Trustee, its successors and assigns in trust (among 
other things) the "Receipts and Revenues of the Issuer 
from the Loan", which teiTn is used herein as defined in 
the Trust Agreement and which as therein defined in- 
cludes all the payments payable to the Issuer pursuant to 
the Loan Agreement (including all enforcement remedies 
with respect thereto) and all other revenues of the Issuer 



158 ORDINANCES Ord. No. 33 

attributable to the financing of the Industrial Building (ex- 
cepting only the rights of the Issuer to indemnification by 
the Borrower and to payments to, or on behalf of, the 
Issuer for expenses incurred by the Issuer itself) . 

Pursuant to the Loan Agreement, pajments sufficient 
for the prompt payment when due of the principal of, 
premium, if any, and interest on, this bond are to be paid 
to the Trustee for the account of the Issuer and deposited 
in a special account created by the Issuer and designated 
"1980 Series Baltimore City, Maryland Industrial De- 
velopment Revenue Bond Fund — Art Litho Project" (the 
"Bond Fund"), such payments having been assigned by 
the Issuer for that purpose. The obligations of the Bor- 
rower under the Loan Agreement are secured by, among 

other things, a Deed of Trust dated 

conveying, among other things, the Industrial Building to 
the trustees named therein (the "Deed of Trust"). The 
payment of the principal of and premium, if any, and 
interest on, this bond is fully and unconditionally and 
irrevocably guaranteed pursuant to a Guaranty Agreement 
executed by the Company and delivered to the Bank. 

As more fully provided in the Trust Agreement, this 
bond does not constitute an indebtedness or obligation to 
which the faith and credit of the Issuer are pledged but 
is a limited obligation of the Issuer, which is obligated to 
pay the principal of and interest on and the redemption 
premium (if any) on, this bond only out of the Receipts 
and Revenues of the Issuer from the Loan. This bond may 
also be paid out of any other moneys made available to 
the Issuer for the payment thereof. By the terms of the 
Act, the principal of and interest on and redemption pre- 
mium (if any) on this bond, do not, and shall not ever, 
constitute an indebtedness or charge against the general 
credit or taxing powers of the Issuer within the meaning 
of any constitutional or charter provision or statutory 
limitation and shall not constitute or give rise to any 
pecuniary liability of the Issuer. 

Reference is hereby made to the Trust Agreement for 
a full and complete statement of the provisions with re- 
spect to the custody and application of the proceeds of 
this bond, the collection and disposition of the Receipts 
and Revenues of the Issuer from the Loan assigned as 



ORDINANCES 159 

security for the payment of this bond and the interest 
thereon, the nature and extent of the security and the 
rights of the registered owner of this bond, the terms and 
conditions on which, and the purposes for which, this 
bond is issued and the rights, duties and obligations of 
the Issuer and the Trustee and the Bank, to all of which 
the registered owner hereof, by acceptance of this bond, 
assents. 

As provided in the Trust Agreement, bonds of other 
series ranking on a parity with the series in which this 
bond was issued may be issued, and such additional bonds 
may vary in such manner as is provided and permitted in 
the Trust Agreement. 

In the manner and with the effect provided in the Trust 
Agreement, this bond will be subject to redemption prior 
to maturity, as follows : 

(a) This bond may be redeemed, at the option of the 
Issuer, prior to maturity, on any installment payment 
date, either as a whole at any time or in part from time 
to time in multiples of $5,000, at a redemption price equal 
to the principal amount thereof to be redeemed, together 
with unpaid interest accrued to the date fixed for redemp- 
tion, without payment of premium or penalty, by applica- 
tion of moneys available for that purpose, other than 
moneys to be applied as provided in (b) below; provided, 
that any partial redemption shall be made of the bonds 
issued under the Trust Agreement shall be made pro rata 
in accordance with the aggregate principal amount of such 
bonds then outstanding held by each holder of such bonds 
and shall be applied to the principal to be redeemed in 
the inverse order of the installment payment dates. 

(b) This bond shall be redeemed at the option of the 
holder hereof, as a whole but not in part, at a redemption 
price equal to the principal amount thereof, together with 
unpaid interest accrued to the date fixed for redemption; 
if as a result of federal, state or local constitutional, legis- 
lative, administrative or judicial action the Loan Agree- 
ment, the Trust Agreement, the Deed of Trust, the Guar- 
anty, the Personal Guaranty, the Ordinance, the Resolu- 
tion or this Bond or the obligations of the Borrower, to 
make payments hereunder or thereunder become void, un- 
enforceable, or impossible of performance. 



160 ORDINANCES Ord. No. 33 

(c) This bond may, under certain conditions, be re- 
deemed, in part or in whole, pursuant to the provisions 
of the Deed of Trust and the Loan Agreement, if (i) the 
Industrial Building is damaged or destroyed or, (ii) title 
to the Industrial Building or any part thereof or interest 
therein is taken under the exercise of the power of con- 
demnation or eminent domain, to the extent that there 
are any insurance proceeds, condemnation award or other 
amounts available for such purpose. 

If less than all of the bonds then outstanding issued 
under the Trust Agreement shall be called for redemption, 
the portions of such bonds to be redeemed shall be selected 
by the Trustee on a proportional basis as provided in the 
Trust Agreement. 

Any such redemption, either in whole or in part, shall 
be made upon at least 30 days' prior notice in the manner 
and upon the terms and conditions provided in the Trust 
Agreement. If this bond or any portion hereof shall have 
been duly called for redemption, and pajTnent of the re- 
demption price, together with unpaid interest accrued to 
the date fixed for redemption, shall have been made, all 
as more fully set forth in the Trust Agreement, interest 
on this bond or such portion hereof shall cease to accrue 
from the date fixed for redemption, and from and after 
such date this bond or the portion hereof duly called for 
redemption shall no longer be entitled to any benefit or 
security under the Trust Agreement, and, except as pro- 
vided in Section of the Loan Agreement, the regis- 
tered owner hereof shall have no rights in respect of this 
bond or such portion hereof so called for redemption except 
to I'eceive psLvment of such redemption price and unpaid 
interest accrued to the date fixed for redemption. If a 
portion of this bond shall be called for redemption, a new 
bond in the principal amount equal to the unredeemed 
portion hereof will be issued to the registered owner upon 
the surrender hereof. 

Records indicating the amounts of any partial prepay- 
ments and redemptions and the dates on which the same 
are made, shall be maintained by the Trustee. 

In certain events, on the conditions, in the manner and 
with the effect set forth in the Trust Agreement, the prin- 



ORDINANCES 161 

cipal of this bond may become or may be declared due 
and payable before the stated maturity thereof, together 
with the interest accrued thereon. 

The owTier of this bond shall have no right to enforce 
the provisions of the Trust Agreement, or to institute 
action to enforce the covenants therein, or to take any 
action with respect to any default under the Trust Agree- 
ment, or to institute, appear in or defend any suit or other 
proceeding with respect thereto, except as provided in the 
Trust Agreement. 

This bond shall be registered on the books of the Issuer 
to be kept for that purpose by the Director of Finance of 
the Issuer. This bond shall be transferable upon such books 
only by the registered owner or by its duly authorized 
officer or attorney. This bond may be transferred upon 
surrender hereof at the office of the Director of Finance of 
the Issuer with a written instrument of transfer satis- 
factory to the Director of Finance, duly executed by the 
registered owner hereof or his duly authorized attorney. 
Such transfers or exchanges shall be without charge to the 
registered owner hereof (except for any out-of-pocket ex- 
penses of the Issuer) , but any taxes or other governmental 
charges required to be paid with respect to the same shall 
be paid by the registered owner requesting such transfer 
or exchange as a condition precedent to the exercise of 
such privilege. 

The Issuer and the Borrower may deem and treat the 
person in whose name this bond is registered as the abso- 
lute owner hereof for all purposes ; and neither the Issuer 
nor the Borrower shall be affected by any notice to the 
contrary. 

All acts, conditions and things required by the Consti- 
tution and statutes of the State of Maryland, the Ordi- 
nance, the Resolution and the Trust Agreement to exist, 
to have happened and to have been perfonned precedent 
to and in the issuance of this bond, do exist, have happened 
and have been performed. 

In any case where the date of maturity of interest on, 
or principal of, this bond or the date fixed for redemption 
of this bond shall be, in the city of payment, a Sunday 



162 ORDINANCES Ord. No. 33 

or legal holiday, or a day on which banking institutions 
are authorized by law or executive order to close (a 
"Banking Day"), then payment of interest on principal 
(and premium, if any) need not be made on such date in 
such place but may be made on the next succeeding Bank- 
ing Day with the same force and effect as if made on the 
date of maturity or the date fixed for redemption. 

This bond shall not be entitled to any benefit under the 
Trust Agreement, or be valid or become obligatory for any 
pui-pose until this bond shall have been authenticated by 
the execution by the Trustee, or its successor as Trustee, 
of the Certificate of Authentication inscribed hereon. 

No covenant or agreement contained in this bond or the 
Trust Agi'eement shall be deemed to be a covenant or 
agreement of any officer, agent or employee of the Issuer 
in his or her individual capacity, and neither the members 
of the City Council of Baltimore nor any official executing 
this bond shall be liable personally on this bond or be 
subject to any personal liability or accountability by reason 
of the issuance of this bond. 

IN WITNESS WHEREOF, Mayor and City Council of 
Baltimore, has caused this bond to be executed in its name 
and on its behalf by its Mayor by his manual or facsimile 
signature, and by its Director of Finance, by his manual 
or facsimile signature, and has caused its coi-porate seal 
or a facsimile thereof to be impressed or othendse repro- 
duced hereon, and attested by its Custodian of the City 

Seal, by his manual signature, all as of the day 

of 19 

MAYOR AND CITY COUNCIL 
OF BALTIMORE 

[SEAL] By 

Mayor 
ATTEST : 

By 

Custodian of the City Seal Director of Finance 

(FORM OF TRUSTEE'S CERTIFICATE OF 

AUTHENTICATION TO BE 

ENDORSED ON ALL BONDS) 



I 



ORDINANCES 168 

This bond is one of the Series .... bonds described in 
the Trust Agreement referred to in this bond. 

, as Trustee 



Dated: By 

Authorized Signature 

Sec. 5. And be it further ordained, that the definitive 
Series B Bonds, which may be engraved, printed or type- 
written, shall be designated ''Series B" and shall be num- 
bered commencing with RB-1 upwards and shall otherwise 
be substantially in the form set forth in Section 4 hereof 
with such appropriate variations, omissions and insertions 
as the Board may approve in the Resolution, except that 
the form of the Series B Bonds shall provide that: 

(a) The interest only shall be payable on the first day 

of , and on the first day of the next 

twelve months thereafter, by check or draft mailed by 

, as Trustee (the "Trustee") to the 

registered o^vner of this Bond at its address as it appears 
on the bond registration books of the Issuer without the 
necessity of surrendering or presenting this bond, and such 
payment shall fully discharge the obligation of the Issuer 
hereon to the extent of the pa^nnent so made. 

(b) then, commencing on , and on the 

first day of each and every month thereafter, to and in- 
cluding the first day of , the principal 

:sum and interest thereon shall be payable in 180, equal, 

consecutive, monthly installments of S each 

(except as hereinafter provided), by check or draft mailed 
by the Trustee to the registered owTier hereof at its address 
as it appears on the bond registration books of the Issuer, 
without the necessity of surrendering or presenting this 
bond, and all such payments shall fully discharge the 
obligation of the Issuer herein to the extent of the pay- 
ments so made ; and 

(c) the entire unpaid principal amount hereof and all 
accrued and unpaid interest hereon shall be due and pay- 
able on , if not paid earlier. 

Sec, 6. And be it further ordained. That the Bonds shall 
be executed in the name of the City and on its behalf by 



164 ORDINANCES Ord. No. 33 

the Mayor of the City, by his manual or facsimile sigTiature, 
and by the Director of Finance of the City, by his manual 
or facsimile si^-nature, and the corporate seal of the City 
or a facsimile thereof shall be impressed or otherwise re- 
produced thereon and attested by the Custodian of the 
City Seal, by his manual sig-nature. The Loan Agreement, 
the Trust Agreement and, where applicable, all other docu- 
ments as the Board shall deem necessary to effectuate the 
issuance, sale and delivery of the Bonds, shall be executed 
in the name of the City and on its behalf by the Mayor of 
the City by his manual signature, and the corporate seal of 
the City or a facsimile thereof shall be impressed or other- 
wise reproduced thereon and attested by the Custodian of 
the City Seal by his manual signature. In case any officer 
whose signature or a facsimile of whose signature shall 
appear on the Bonds or any of the aforesaid documents 
shall cease to be such officer before the delivery of the 
Bonds or any of the other aforesaid documents, such sig- 
nature or such facsimile shall nevertheless be vahd and 
sufficient for all purposes, the same as if such officer had 
remained in office until delivery. The Mayor of the City, 
the Director of Finance of the City, the Custodian of the 
City Seal and other officials of the City are hereby author- 
ized and empowered to do all such acts and things and 
execute such documents and certificates as the Board may 
determine in the Resolution to be necessary to carry out 
and comply with the provisions hereof. 

Sec. 7. And he it further ordained, That the Bonds shall 
be executed, issued and delivered at any time or from time 
to time, in such series, and in such amount or amounts not 
exceeding, in the aggregate, the principal amount of 
$1,000,000 as the Board shall prescribe in the Resolution. 

Sec. 8. And he it further ordained. That the Bonds shall 
be dated, shall be in such denominations, may be of such 
tenor (not materially inconsistent with the form of the 
Series A Bonds and the foiTn of the Series B Bonds as 
provided in Sections 4 and 5 of this Ordinance respectively, 
as the case may be), may be payable in such amounts, at 
such times not exceeding 30 years from the date thereof 
and at such place or places as the Board shall prescribe 
in the Resolution. 



ORDINANCES 165 

Sec. 9. And be it further ordained, That the Bonds will 
be subject to redemption prior to maturity upon the terms 
and conditions contained in the form of the Bonds set forth 
in Section 4 of this Ordinance and upon such other terms 
and conditions as the Board shall prescribe in the Resolution. 



Sec. 10. And be it further ordained, That prior to the is- J, 

suance, sale and delivery of any of the Series A Bonds and ^ 

the Series B Bonds, the Board shall adopt the Resolution ^ 

(which may be in the form of two or more separate reso- ^' 
lutions) pursuant to which the Board shall: 

(a) prescribe the final form, tenor, terms and conditions 
of, and security for, the Bonds to be issued; 



I 



(b) prescribe the actual amounts, denominations, date, ma 
interest due dates, principal installment due dates, actual g 
maturity or maturities (within the limits herein prescribed), 

and the place or places of payment of the Bonds to be issued, y 

and the final terms and conditions and details under which j 

the Bonds to be issued may be called for redemption prior y 

to their stated maturity ; ^ 

(c) appoint a bank having trust powers, or a trust com- 
pany, or an individual (or individuals) as Trustee under the 
Trust Agreement; 

(d) approve the form and contents, and authorize the 
execution and delivery (where applicable) of (i) the Loan 
Agreement, (ii) the Trust Agreement, (iii) the Deed of 
Trust, and (iv) such other documents, including (without 
limitation) mortgages, deeds of trust, guaranties and se- 
curity instruments as the Board shall deem necessary to 
effectuate the issuance, sale and delivery of the Bonds to 
be issued; 

(e) determine the time of execution, issuance, sale and 
delivery of the Bonds to be issued and prescribe any and all 
other details of the Bonds to be issued ; 

(f ) provide for the payment by the Borrower of all costs, 
fees and expenses incurred by, or on behalf of, the City in 
connection with the issuance, sale and delivery of the Bonds 
to be issued, including (without limitation) costs of print- 
ing (if any) and issuing the Bonds to be issued, legal ex- 
penses (including the fees of Bond Counsel) and compensa- 



166 ORDINANCES Ord. No. 33 

tion to any person (other than full time employees of the 
City) performing services by or on behalf of the City in 
connection therewith; 

(g) award the Bonds to be issued; and 

(h) do any and all things, and authorize the officials of 
the City to do any and all things, necessary, proper or ex- 
pedient in connection with the issuance, sale and delivery 
of the Bonds to be issued. 

Sec. 11. And he it further ordained, That the Loan Agree- 
ment shall contain such terms, provisions and conditions as 
the Board shall prescribe in the Resolution, which may in- 
clude (without limitation) : 

(a) provisions for the making of the Loan by the City 
to the Borrower and provisions for the repayment by the 
Borrower of the principal of, and interest on, the Loan ; 

(b) a description of the security for the Loan ; 

(c) such representations, warranties, findings and affirm- 
ative and negative covenants as the Board may determine 
to be necessary, proper or expedient in connection with the 
issuance, sale and delivery of the Bonds ; 

(d) provisions for the issuance of the Bonds and the 
application and disbursement of the proceeds of the Bonds ; 

(e) provisions regarding the duration of the term of 
the Loan, ownership and possession of the Industrial Build- 
ing and the amounts payable by the Borrower ; 

(f) provisions regarding damage to and condemnation 
of the Industrial Building or any part thereof and the 
application of the net proceeds of any insurance claim or 
condemnation award; 

(g) provisions for the appointment of an authorized 
City representative and an authorized Borrower repre- 
sentative ; 

(h) covenants ^vith respect to the use, maintenance, 
modification, operation and transfer of, and access to, the 
Industrial Building and with respect to the use of the 
proceeds of the Bonds ; 



ORDINANCES 167 

(i) provisions regarding the assignment of the Loan 
Agreement ; 

(j) provisions regarding the prepayment of the Loan 
by the Borrower ; 

(k) provisions regarding the remedies of the Trustee 

(as assignee of the City) in the event of default; and 

/■ 

(1) such other terms, provisions and conditions as the ^ 

Board may determine to be necessary, proper or expedient ^' 

in connection with the issuance, sale and delivery of the ^ 

Bonds. S 



Sec. 12. And he it further ordained, That the Trust / 

Agreement shall contain such terms, provisions and condi- Zt 

tions as the Board shall prescribe in the Resolution for the ^ 
protection and enforcement of the rights and remedies of 

the holders of the Bonds, which may include (without u 

limitation) : } 



(a) a description of the Bonds and the forms of the v 
Series A Bonds and the Series B Bonds ; r 

(b) the manner of execution, registration and transfer 
of the Bonds ; 

(c) provisions for delivery of the Bonds ; 

(d) the terms and conditions under which the Bonds 
may be redeemed prior to their stated maturity and the 
details of the procedure for the redemption of the Bonds; 

(e) provisions for the custody and application of, and 
security for, the proceeds of the Bonds and the investment 
of such proceeds ; 

(f ) the remedies of the Trustee and the holders of the 
Bonds in the event of default ; 

(g) the duties, rights and immunities of the Trustee; 

(h) the manner of execution of instruments by the 
holders of the Bonds and the method of proof of ownership 
of the Bonds ; 

(i) provisions for the modification of the Trust Agree- 
ment and the Loan Agreement ; 



168 ORDINANCES Ord. No. 33 

(j) provisions for the defeasance of the Trust Agree- 
ment; and 

(k) such other terms, provisions and conditions as the 
Board may determine to be necessary, appropriate or ex- 
pedient in connection with the issuance, sale and delivery 
of the Bonds. 

Sec. 13. And be it further ordained. That, as authorized 
by the Act, the Bonds shall be sold to the original pur- 
chaser at private (negotiated) sale upon such tenns and 
conditions as shall be approved by the Board in the 
Resolution. 

Sec. 14. And be it further ordained, That the City hereby 
accepts the Letter of Intent in order to further evidence 
the commitment of the City to issue, sell and deliver the 
Bonds in accordance with the terms and provisions of this 
Ordinance. 

Sec. 15. And be it further ordained, That neither the 
Bonds nor the interest nor redemption premium, if any, 
thereon nor the obligations of the City under the Deed of 
Trust and the Trust Agreement shall ever constitute an 
indebtedness or general obligation of the City or a charge 
against, or pledge of the general credit or taxing powers 
of the City, within the meaning of any constitutional or 
charter provision or statutory limitation, or shall ever 
constitute or give rise to any pecuniar\^ liability of the 
City. The Bonds and the interest and redemption premium, 
if any, thereon and the City's obligations under the Deed 
of Trust and the Trust Agi'eement shall be limited obliga- 
tions of the City, and shall be solely payable from (i) 
certain revenue derived from Loan repa\Tnents (both prin- 
cipal and interest) made to the City by the Borrower on 
account of the Loan, (ii) moneys derived from any col- 
lateral pledged under the Loan Agreement or under any 
assignment of lease, mortgage, deed of trust, guaranty or 
security agreement executed or delivered in connection with 
the Bonds or the Loan, and (iii) any other moneys made 
available to the City for such purpose. Accordingly, this 
Ordinance definitely fixes and determines the entire amount 
of the above described receipts and revenues of the City 
from the Loan (except for certain rights of the City to 



ORDINANCES 169 

indemnification and to payments in respect of its admin- 
istrative expenses in connection with the Bonds and the 
Loan) to be the amount of revenue derived from payments ; 

with respect to the Loan which is necessary to be set \ 

apart and applied to the payment of principal of, the *; 

interest on, and the redemption premium, if any, on the '\- 

Bonds. The proceeds of the Bonds will be deposited with J,' 

the Trustee to be held and disbursed by the Trustee as J- 

provided in the Trust Agreement to be approved by the ^ 

Board in the Resolution. The payments to be made by the (^ 

Borrower pursuant to the Loan Agreement will be paid ^ 

directly to the holder (s) of the Bonds as provided in the ^ 

Trust Agreement to be approved by the Board in the S 

Resolution. No such moneys mil be commingled with the ^ 

City's funds or will be subject to the absolute control of 
the City, but will be subject only to such limited super- 
vision and checks as are deemed necessary or desirable 
by the City to insure that the proceeds of the Bonds are 
used to accomplish the public purposes of the Act and this ^ 

Ordinance. i5 



\ 



Sec. 16. And he it further ordained, That in considera- r, 

tion of the purchase and acceptance of the Bonds by those 
who shall hold the Bonds from time to time, the City does 
hereby, and by the execution and delivery of the Trust 
Agreement to be approved by the Board, shall pledge the 
income and revenue under the Loan Agreement (other 
than pajTnents to the City for indemnification or to reim- 
burse the City for expenses incurred by the City itself) 
to the Trustee and its successors as Trustee, to be used 
and applied for the payment of the principal of and pre- 
mium (if any) and interest on the Bonds. Pursuant to 
the terms of the Loan Agreement, to be approved by the 
Board in the Resolution, payments sufficient for the prompt 
payment when due of the principal of, premium, if any, 
and interest on, the Bonds are to be paid by the Borrower 
to, and disbursed to the holders of the Bonds for the 
account of the City by, the Trustee and such payments 
shall be assigned by the City to the Trustee, its successors 
and assigns, under the Trust Agreement for such purpose. 

Sec. 17. And be it further ordained, That the Borrower 
shall agree that: 



170 ORDINANCES Ord. No. 3:i 

(a) It will submit any plans and specifications for the 
acquisition of the Industrial Building to the Department 
of Housing and Community Development for approval, 
with the understanding that, in addition to the economic 
feasibility of the acquisition of the Industrial Building, 
the Department of Housing and Community Development 
may consider, without limitation, the suitability of the 
site plan, architectural treatment, building plans, eleva- 
tions, materials, color, construction details, access, parking, 
loading, landscaping, identification signs, exterior lighting, 
refuse collection details, streets, sidewalks, and harmony 
between the plans and the surroundings of the proposed 
Industrial Building and that the Department of Housing 
and Community Development may refuse approval of any 
such plans and specifications for aesthetic or functional 
reasons; and 

(b) It and its developers will work with the design 
advisory group appointed by the Department of Housing 
and Community Development in order to achieve high 
quality site, building, and landscape design. 

Sec. 18. And be it further ordained, That if all of the 
Bonds are not issued and sold within six months from the 
date on which this Ordinance is approved by the Mayor 
of the City, the authorization provided in this Ordinance 
for the City to issue and sell any additional the Bonds 
shall expire; provided however, that the Board may, after 
a showing of good cause at a public hearing held before 
the Board, extend such authorization for one additional 
term not to exceed six months. The Board, in its sole 
discretion, shall determine the sufliciency, or lack thereof, 
of the reasons presented for any requested extension of 
this Ordinance. If an extension is granted, notice of such 
extension and the reasons therefor must be sent to the 
City Council. 

Sec. 19. And be it further ordained, That the provisions 
of this Ordinance are severable, and if any provision, 
sentence, clause, section or part hereof is held illegal, in- 
valid or unconstitutional or inapplicable to any person or 
circumstances, such illegality, invalidity or unconstitu- 
tionality, or inapplicability shall not affect or impair any 



ORDINANCES 171 

of the remaining provisions, sentences, clauses, sections, or 
parts of this Ordinance or their application to other per- 
sons or circumstances. It is hereby declared to be the leg- ;; 
islative intent that this Ordinance would have been passed ^ 
if such illegal, invalid or unconstitutional provision, sen- i: 
tence, clause, section or part had not been included herein, '-• 
and if the person or circumstances to which this Ordinance I 
or any part hereof are inapplicable had been specifically ^ 
exempted herefrom. "* 



Sec. 20. And be it further ordained, That this Ordinance " 

shall take effect from the date of its passage. ^ 

I 

Approved March 28, 1980. 5 

WILLIAM DONALD SCHAEFER, Mayor. \ 

— s 

No. 34 ^ 

(Council No. 114) \ 

AN ORDINANCE concerning 

ISSUANCE OF INDUSTRIAL DEVELOPMENT 
REVENUE BONDS— J. J. HAINES & COMPANY, INC. 

FOR the purpose of authorizing and providing for the 
issuance from time to time, by The Mayor and City 
Council, of industrial development revenue bonds, desig- 
nated "Baltimore City, Maryland Industrial Develop- 
ment Revenue Bonds (J. J. Haines & Company, Inc. 
Project)'', in the aggregate principal amount not to ex- 
ceed $2,500,000 (the "Bonds"), pursuant to the provi- 
sions of Sections 266A to 266-1, inclusive, of Article 41 
of the Annotated Code of Maryland (1978 Replacement 
Volume and 1979 Cumulative Supplement), as amended, 
in order to loan the proceeds thereof (the "Loan") to 
J. J. Haines & Company, Inc., a Maryland corporation 
(the "Borrower"), for the sole and exclusive purpose 
of financing the acquisition by the Borrower of a cer- 
tain industrial building AND EQUIPMENT in Baltimore 
City as provided in this Ordinance; authorizing the Mayor 



172 ORDINANCES Ord. No. 34 

of the Citj' to accept, on behalf of the City, the Borrower's 
letter of intent to the City dated January 9, 1980; making 
certain legislative findings, among others, concerning the 
public benefit and pui^pose of the Bonds ; providing that 
the Bonds and the interest thereon shall be limited obliga- 
tions of the City, repayable by the City solely from the 
revenue derived from loan repayments (both principal 
and interest) made to the City on account of the Lx)an and 
from any other moneys made available to the City for 
such purpose, and that neither the Bonds nor the interest 
thereon shall ever constitute an indebtedness or a charge 
against the general credit or taxing powers of the City 
within the meaning of any constitutional or charter pro- 
visions or statutory limitation and that neither shall 
ever constitute or give rise to any pecuniary liability 
of the City; authorizing the private (negotiated) sale of 
the Bonds; prescribing the method of determining the 
rate or rates of interest the Bonds are to bear, the basic 
form, tenor, terms and conditions of and security for 
the Bonds and the terms and conditions under which the 
Bonds may be called for redemption prior to their stated 
maturity or maturities; authorizing and empowering 
Board of Finance of the City (the "Board"), prior to 
the issuance, sale and delivery of any of the Bonds, to 
adopit a resolution pursuant to which the Board may 
(1) prescribe the rate or rates of interest the Bonds 
are to bear, and the final foiTn, tenor, tenns and con- 
ditions of and security of the Bonds, (2) prescribe the 
actual amounts, denominations, date, actual maturity or 
maturities (within the limits herein prescribed) and the 
place or places of payment of the Bonds, and the final 
terms and conditions and details under which the Bonds 
may be called for redemption prior to their stated ma- 
turity, (3) approve the form, and contents, and authorize 
the execution and delivery (where applicable), of (a) a 
Loan Agreement between the Borrower and City, (b) a 
Trust Agreement by and among the City, the original 
purchaser of the Bonds and a trustee (which may be 
the original purchaser of the Bonds), and (c) such 
other documents including (without limitation) mort- 
gages, deeds of trust, guaranties and security instru- 
ments as the Board shall deem necessary to effectuate 
the issuance, sale and deliveiy of the Bonds, (4) deter- 



ORDINANCES 173 

mine the time or times of execution, issuance, sale and 
delivery of the Bonds and prescribe any and all other 
details of the Bonds, (5) provide for the direct payment 
by the Borrower of all costs, fees and expenses incurred 
by or on behalf of the City in connection with the 
issuance, sale and delivery of the Bonds, and (6) do any 
and all things and authorize the officials of the City to 
do any and all things, necessary, proper and expedient 
in connection with the issuance, sale and delivery of the 
Bonds; providing that the Borrower shall agree to sub- 
mit certain plans and specifications to, and coordinate 
wdth, the Department of Housing and Community De- 
velopment in connection with the acquisition of the in- 
dustrial building AND EQUIPMENT; and generally 
providing for and determining various matters and 
details in connection with the authorization, issuance, 
security, sale and payment of the Bonds. 

RECITALS 

Sections 266A to 266-1, inclusive, of Article 41, of the 
Annotated Code of Maryland (1978 Replacement Volume 
and 1979 Cumulative Supplement), as amended, (the 
"Act'*) empower all the counties and municipalities of 
the State of Maryland to issue revenue bonds to an in- 
dustrial concern to finance the acquisition (as defined in 
the Act) by such industrial concern of an industrial 
building (as defined in the Act) . The Act declares it to 
be the legislative purpose to relieve conditions of unem- 
ployment in the State of Maryland, to encourage the in- 
crease of industry and a balanced economy in the State 
of Maryland, to assist in the retention of existing in- 
dustry in the State of Maryland through the control, 
reduction or abatement of pollution of the environment 
(where proceeds of the bonds are used for that pur- 
pose), to promote economic development to protect 
natural resources and in this manner to promote the 
health, welfare and safety of the residents of each of 
the counties and municipalities of the State of Maryland. 

Mayor and City Council of Baltimore (the "City'') 
has received a letter of intent dated January 9, 1980 
(the "Letter of Intent") from J. J. Haines & Company, 
Inc., a Maryland coiT)oration and an industrial concern 



174 ORDINANCES Orel. No. 34 

as mentioned in the Act (the "Borrower"), pursuant to 
which the Borrower has requested the City to partici- 
pate in the financing of the acquisition by the Borrower 
of an industrial building AND EQUIPMENT (within 
the meaning of the Act) to be located in Baltimore City, 
Maniand (HEREINAFTER COLLECTIVELY RE- 
FERRED TO AS the "Industrial Building"), by the 
issuance and sale by the City of its Baltimore City, 
Maryland Industrial Development Revenue Bonds (J. J. 
Haines & Company, Inc. Project), in the aggregate prin- 
cipal amount not to exceed $2,500,000 (the "Bonds"), 
and by loaning the proceeds of the Bonds to the Bor- 
rower upon the terms and conditions of a loan agreement 
to be entered into between the City and the Borrower 
(the "Loan Agreement"), as permitted by the Act (such 
loan being herein referred to as the "Loan") . 

The Industrial Building will consist generally of (a) 
three certain parcels of real property, acquired by the 
Borrower and which are located at the 4800 block of 
E. Monument Street in Baltimore City, (b) two indus- 
trial buildings presently located on such property, a 
warehouse and Borrower's existing facilities, which shall 
be renovated and rehabilitaited by and used by the Bor- 
rower in its business of the distribution of floor cover- 
ings and hardwood floors, and an open lot of 57,000 
square feet between the warehouse and Borrower's 
existing facilities, on which Borrower intends to build 
an industrial building consisting of a warehouse con- 
necting the two above mentioned structuresr , AND (C) 
CERTAIN EQUIPMENT TO BE UTILIZED BY BOR- 
ROWER IN CONNECTION WITH ITS BUSINESS. 

The Loan Agreement will require the Borrower (a) to 
use the proceeds of the Bonds solely to finance the ac- 
quisition of the Industrial Building, and (b) to make 
Loan payments which will be sufficient to enable the 
City to pay the principal of and interest and premium, 
if any, on the Bonds when and as the same shall become 
due and payable. 

As security for the Bonds, the City will eniter into a 
Trust Agreement (the "Trust Agreement") \vith the 
original purchaser of the Bonds (the "Original Pur- 



ORDINANCES 175 

chaser"), and a trustee (which may be the Orig-inal 
Purchaser) (the 'Trustee"), pursuant to which the City 
will assign to the Original Purchaser, its successors and 
assigns, (among other things) (a) all of the City's right, 
title and interest in and to and remedies under the Loan 
Agreement, including (without limitation) any and all 
collateral referred to therein, excepting only the right of 
the City to indemnification by the Borrower and to pay- 
ments to the City for expenses incurred by the City 
itself, (b) the receipts and revenues of the City from 
the Loan, (c) certain moneys which are at any time or 
from time to time on deposit \vith the Trustee, (d) all 
right, title and interest in and to and remedies with re- 
spect to any and all other property of every description 
and nature from time to time by delivery or by writing 
of any kind conveyed, pledged, assigned or transferred, 
as and for additional security for the Bonds, by the City 
or by anyone on its behalf or with its written consent, 
to the Original Purchaser, its successors or assigns, and 
(e) all of the City's right, title and interest in and to 
and remedies under such other documents, including 
(without limitation) mortgages, deeds of trust, guaran- 
ties and security instruments as the Board shall deem 
necessary to effectuate the issuance, sale and delivery of 
the Bonds and which the Board of Finance of the City 
(the "Board") shall approve by a resolution (the "Reso- 
lution") to be adopted by the Board prior to the issuance, 
sale and delivery of any of the Bonds. 

As evidenced by the Letter of Intent, the Industrial 
Building is to be acquired by a bona fide tenant or pur- 
chaser within the meaning of the Act. 

The Bonds will be sold to the Original Purchaser by 
private (negotiated) sale. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ACT: 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That acting pursuant to the Act, it is hereby 
found and determined as follows : 

(1) The issuance and sale of the Bonds by the City 
pursuant to the Act in order to lend the proceeds thereof 



176 ORDINANCES Orel. No. 34 

to the Borrower for the sole and exclusive purpose of 
financing the acquisition (within the meaning of the Act) 
by the Borrower of the Industrial Building will facilitate 
and expedite the acquisition of the Industrial Building by 
the Borrower. 

(2) The acquisition of the Industrial Building by the 
Borrower and the financing thereof as provided in this 
Ordinance will promote the declared legislative purposes of 
the Act by (a) sustaining jobs and emplo\Tnent, thus reliev- 
ing conditions of unemplo>Tnent in the State of Mar>"land 
and in Baltimore City; (b) encouraging the increase of 
industry and the creation of a balanced economy in the 
State of Maryland and in Baltimore City; (c) assisting in 
the retention of existing industiy in the State of Maryland 
and in Baltimore City; (d) promoting economic develop- 
ment; and (e) promoting the health, welfare and safety of 
the residents of the State of Maryland and Baltimore City. 

(3) In addition to authorizing the City itself to acquire 
the Industrial Building and either to lease or to sell the 
same to the Borrower, the Act, as an alternative procedure, 
also authorizes industrial building financing to be accom- 
plished in the form of a loan by the City to the Borrower. 
The loan form of transaction avoids indirect costs and 
burdens on the City by not requiring any direct involvement 
by the City in the acquisition, o\\Tiership or administra- 
tion of the Industrial Building, while permitting ample con- 
trols to be imposed on the use of the proceeds of the Bonds 
to insure that the public purposes of the Act and the Bonds 
are fully accomplished. It is, therefore, in the best interests 
of the citizens of the Cit>' to finance the acquisition of the 
Industrial Building by a loan to the Borrower. This Ordi- 
nance contemplates and authorizes a transaction in the 
form of a loan of the proceeds of the Bonds by the City to 
the Borrower, rather than a transaction in the form of a 
lease or sale of the Industrial Building. Accordingly, this 
Ordinance, together with the Resolution, the Trust Agree- 
ment and the Loan Agreement authorized hereby, and the 
other documents referred to herein, contains, or shall con- 
tain, such provisions as the City deems appropriate to effect 
the financing of the acquisition by the Borrower of the In- 
dustrial Building by the loan form of transaction. 



>• 



I 



ORDINANCES 177 

(4) Neither the Bonds nor the interest thereon shall ever 
constitute an indebtedness or general obligation of the City 
or a charge against, or pledge of the general credit or tax- 
ing powers of the City, within the meaning of any consti- 
tutional or charter provision or statutory limitation, and 
neither shall ever constitute or give rise to any pecuniary ',. 
liabilit\^ of the City. The Bonds and the interest thereon '^ 
shall be limited obligations of the City, repayable by the J, 
City solely from the revenue derived from Loan repayments ^ 
(both principal and interest) made to the City by the Bor- ^ 
rower on account of the Loan and from any other moneys "" 
made available to the City for such purpose. The proceeds ^ 
of the Bonds will be deposited with the Trustee to be held 
and disbursed by the Trustee as provided in the assign- ^ 
ment to be approved by the Board in the Resolution. The 
payments to be made by the Borrower pursuant to the 
Loan Agreement will be paid directly to the holder of the 
Bond. No such moneys will be commingled with the City's 
funds or will be subject to the absolute control of the City, ^ 
but will be subject only to such limited supervision and i 
checks as are deemed necessary or desirable by the City y 
to insure that the proceeds of the Bonds are used to ac- ^ 
complish the public purposes of the Act and this Ordinance. ^ 
The Act provides that a loan form of transaction there- 
under shall in no event constitute a capital project within 

the meaning of any charter or statutory provision. The 
public purposes expressed in the Act are to be achieved by 
facilitating the acquisition of the Industrial Building by 
the Borrower. 

(5) The City will acquire no interest in the Industrial 
Building other than (a) any general interest in the Bor- 
rower's property shared by all holders of the Borrower's 
obligations which rank and are secured equally with the 
Borrower's obligations pursuant to the Loan Agreement, 
(b) any lien and security interest created by the Loan 
Agreement, and (c) any interest created by any other 
mortgage or deed of trust or other security instrument exe- 
cuted and delivered by the Borrower or any third party 
as security for the Loan as the Board may provide for and 
approve in the Resolution. The security for the Bonds shall 
be solely and exclusively (a) the absolute, irrevocable and 
unconditional obligations of the Borrower to make the pay- 



178 ORDINANCES Ord. No. 34 

ments required by the Loan Agreement, (b) moneys 
realized from the liquidation of any lien and security in- 
terest created by the Loan Agreement and of any other lien 
or security interest created with respect to any property as 
security for the Loan or the Bonds as the Board may pro- 
vide for and approve in the Resolution, and (c) moneys 
realized from any guaranty of the Bonds or of the Loan 
as the Board may provide for and approve in the Resolution. 

(6) None of the revenues derived by the City from the 
Loan Agreement shall be set aside as a depreciation account 
(mentioned in the Act) . Such a depreciation account would 
(a) be inconsistent with the transaction authorized hereby, 
and (b) place an unreasonable burden on the Borrower 
so as to adversely affect the feasibility of the transaction 
and thus frustrate the legislative purposes of the Act. The 
Borrower shall covenant and agree in the Loan Agreement 
to properly operate and maintain the Industrial Building 
during the time any of the Bonds are outstanding. Such 
covenant and agreement shall include a specific undertaking 
by the Borrower to make all equipment replacements and 
repairs necessary to insure that the security for the Bonds 
shall not be impaired. 

(7) The best interests of the City will be sensed by sell- 
ing the Bonds to the Original Purchaser by private (nego- 
tiated) sale, as authorized by the Act, upon terms and 
conditions approved by the Board in the Resolution. 

(8) As evidenced by the Letter of Intent, the Industrial 
Building is to be acquired by a bona fide twiant or pur- 
chaser within the meaning of the Act. 

Sec. 2. And he it further ordained. That the City is 
hereby authorized and empow^ered to issue, sell and deliver, 
at any time or from time to time, its Baltimore City, Mary- 
land Industrial Development Revenue Bonds (J. J. Haines 
& Company, Inc. Project), in the aggregate principal 
amount not to exceed $2,500,000, subject to the provisions 
of this Ordinance. The proceeds of the Bonds \vill be loaned 
to the Borrower pursuant to the terms and provisions of 
the Loan Agreement, to be used by the Borrower for the 
sole and exclusive purpose of financing the acquisition of 
the Industrial Building. The Bonds and the interest thereon 



ORDINANCES 179 

shall be limited obligations of the Citv, repayable by the 
City solely from the revenue derived from Loan repay- 
ments (both principal and interest made to the City by 
the Borrower pursuant to the Loan Agreement and from 
any other moneys made available to the City for such 
purpose. The security for the Bonds shall be solely and 
exclusively as provided in Section 1 of this Ordinance. 

Sec. 3. And be it further ordained, That the Mayor of 
the City is hereby authorized and directed to accept the 
Letter of Intent on behalf of the City in order to further 
evidence the commitment of the City to issue, sell and 
deliver the Bonds in accordance with the terms and pro- 
visions of this Ordinance. 

Sec. 4. And be it further ordained, That each of the 
Bonds shall bear the descriptive title "Baltimore City, 
Maryland Industrial Development Revenue Bond (J. J. 
Haines & Company, Inc. Project)", provided, that the de- 
scriptive title may contain such other descriptive informa- 
tion as the Board may prescribe in the Resolution (e.g. 
"1980 Series"). The Bonds shall bear interest from the 
date of delivery at a rate of interest per annum which is 
sixty per centum (60%) of the "prime rate" charged by 
the Union Trust Company of Maryland to its best com- 
mercial loan borrowers for short-term loans from time to 
time, to be fixed as of the first day of each month, (cal- 
culated on a 360-day factor as applied to actual days 
elapsed), but in any event not less than seven per centum 
(7%) per annum, nor more than eleven per centum (11%) 
per annum, provided, however, that during any period in 
which the interest payable on the Bonds is for any reason 
includible in the gross income (as defined in Section 61 of 
the Internal Revenue Code of 1954, as amended) of any 
holder of any of the Bonds, such Bonds shall bear interest 
at a rate not exceeding thirteen per centum (13%) per 
annum; provided further that the exact rate or rates of 
interest shall be determined by negotiation by the Original 
Purchaser of the Bonds and shall be prescribed by the 
Board in the Resolution (within the limits herein pre- 
scribed). Interest on the Bonds shall be payable monthly 
on dates to be prescribed by the Board in the Resolution 
and shall be calculated on the basis of a 360-day year 



180 ORDINANCES Ord. No. 34 

factor applied to actual days elapsed. The principal of the 
Bonds shall be payable in monthly installments on dates 
and in amounts to be prescribed by the Board in the 
Resolution. 

Sec. 5. And be it further ordained, That the definitive 
Bonds, which may be engraved, printed or typewritten, 
shall be substantially in the following basic form with 
such appropriate variations, omissions, insertions and addi- 
tional provisions as the Board may approve in the Resolu- 
tion: 

FORM OF BOND 

No. R. 1 $ 



UNITED STATES OF AMERICA 

STATE OF MARYLAND 
BALTIMORE CITY, MARYLAND 

INDUSTRIAL DEVELOPMENT REVENUE BOND 
(J. J. HAINES & COMPANY, INC. PROJECT) 

FOR VALUE RECEIVED, MAYOR AND CITY COUN- 
CIL OF BALTIMORE, a body politic and corporate and 
a political subdivision of the State of Maryland (the 
"Issuer"), hereby promises to pay (but only out of the 
"Receipts and Revenues of the Issuer from the Loan" as 
hereinafter defined) to the order of the Union Trust 
Company of Maryland (the "Bank") or its successor, 
assignee or legal representative, the principal sum of 
TWO MILLION FIVE HUNDRED THOUSAND DOL- 
LARS ($2,500,000), payable in installments and in the 
manner hereinafter set forth, and to pay interest on the 

unpaid principal amount hereof from , 

1980, until paid in full (or, if this bond, or any portion 
hereof, shall have been duly called for early redemption 
and payment of the redemption price shall have been made, 
until the date fixed for such early redemption) at the rate 
per annum which is sixty per centum (60 7^) of the "prime 
rate" charged by the Union Trust Company of Maryland 
to its best commercial loan borrowers for short-term loans 
from time to time, to be fixed as of the first day of each 
month, (calculated on a 360-day factor as applied to actual 
days elapsed), but in any event no less than seven per 



ORDINANCES 181 

centum (7%) per annum, nor more than eleven per centum 
(11%) per annum, payable at the times and in the manner 
hereinafter set forth; provided, however, that during any 
period in which the interest payable hereon is for any 
reason includible in the gross income (as defined in Sec- 
tion 61 of the Internal Revenue Code of 1954, as amended) 
of the holder hereof, the rate of interest payable on the 
unpaid principal amount hereof shall be at the rate of 
thirteen per centum (13%) per annum (calculated on the 
basis of a 360-day year factor applied to actual days 
elapsed) . 

The principal hereof and interest hereon shall be paid in 
any coin or currency of the United Staites of America 
which, at the respective times of payment, is legal tender 
for the payment of public and private debts, as follows: 

(a) the principal sum shall be payable in monthly in- 
stallments as set forth in Schedule A attached hereto and 
made a part hereof, by check or draft mailed by the J. J. 
Haines & Company, Inc., a Maryland corporation (the 
"Borrower"), to the holder hereof at the address desig- 
nated by the holder as hereinafter provided, without the 
necessity of surrendering or presenting this bond, and all 
such payments shall fully discharge the obligation of the 
Issuer herein to the extent of the payments so made ; 

(b) interest on the outstanding principal balance shall 

be payable monthly, commencing on , and 

thereafter until paid in full (or until the date fixed for 
early redemption as referred to above), by check or draft 
mailed by the Borrower to the holder hereof at the address 
designated by the holder as hereinafter provided, without 
the necessity of surrendering or presenting this bond, and 
all such payments shall fully discharge the obligation of 
the Issuer herein to the extent of the payments so made; 
and 

(c) the entire unpaid principal amount hereof and all 
accrued and unpaid interest hereon shall be due and pay- 
able on twenty-one (21) years and six (6) months from 
the date the Loan closes, if not paid earlier. 

This bond is issued under and pursuant to the Consti- 
tution and the laws of the State of Maryland, particularly 



182 ORDINANCES Ord. No. 34 

Sections 266A to 266-1, inclusive, of Article 41 of the 
Annotated Code of Maryland (1978 Replacement Volume 
and 1979 Cumulative Supplement), as amended (the 

"Act"), and under and pursuant to Ordinance No 

of the Issuer, approved by the Mayor of the Issuer on 

(the "Ordinance"), and by a resolution 

adopted by the Board of Finance of the Issuer on 

(the "Resolution"), for the purpose of financ- 
ing" the acquisition of a certain industrial building* AND 
EQUIPMENT to be located in the Citv of Baltimore 
(HEREINAFTER COLLECTIVELY REFERRED TO AS 
the "Industrial Building") by the Borrower. 

The proceeds of this bond are being loaned to the 
Borrower by the Issuer under a loan agreement dated as 

of , between the Borrower and the Issuer 

(the "Loan Agreement"). 

This bond is issued under a Trust Agreement dated as 

of by and among the Issuer, the Bank 

and , as Trustee (the "Trust Agree- 
ment") and, to the extent provided therein, is secured and 
entitled to the protection given by the Trust Agreement. 
Pursuant to the Trust Agreement the Issuer has assigned 
to the Bank, its successors and assigns, (among other 
things) the "Receipts and Revenues of the Issuer from the 
Loan", which term is used herein as defined in the Trust 
Agreement and which as therein defined includes all the 
payments payable to the Issuer pursuant to the Loan 
Agreement and all other revenues of the Issuer attributa- 
ble to the financing of the Industrial Building (excepting 
only the rights of the Issuer to indemnification by the 
Borrower and to payments to the Issuer for expenses in- 
curred by the Issuer itself) . 

Pursuant to the Loan Agreement, payment sufl!icient for 
the prompt payment when due of the principal of, pre- 
mium, if any, and interest on this bond are to be paid by 
the Borrower directly to the holder hereof, and have been 
assigned for that purpose. 

As more fully provided in the Trust Agreement, this 
bond does not constitute an indebtedness or obligation to 
which the faith and credit of the Issuer are pledged but 



ORDINANCES 183 

is a limited obligation of the Issuer, which is obligated to 

pay the principal of and interest on this bond only out of 

the Receipts and Revenues of the Issuer from the Loan. 

This bond may also be paid out of any other moneys made 

available to the Issuer for the payment thereof. By the 

terms of the Act, the principal of, the interest, or the 

redemption premium (if any) on this bond, do not, and 

shall not ever, constitute an indebtedness or charge against 

the general credit or taxing powers of the Issuer within '' 

the meaning of any constitutional or charter provision or ^ 

statutory limitation and shall not constitute or give rise ^" 

to any pecuniary liability of the Issuer. 

Reference is hereby made to the Trust Agreement for a \. 

full and complete statement of the provisions with respect r 

to the custody and application of the proceeds of this bond, kf 

the collection and disposition of the Receipts and Revenues 7 

of the Issuer from the Loan assigned as security for the *^ 

payment of this bond and the interest thereon, the naiture f. 
and extent of the security and the right of the holder of ^ 

this bond, the terms and conditions on which, and the 5 

purposes for which, this bond is issued and the rights, ^ 

duties and obligations of the Issuer thereunder, to all of ^ 

which the holder hereof, by acceptance of this bond, assents. 

In the manner and with the effect provided in the Trust 
Agreement, this bond may be redeemed, at the option of 

the Issuer prior to maturity, on or after , 

on any interest payment date, either in whole at any time 
or in part from time to time in amounts not less than 
$100,000 each, at a redemption price equal to the principal 
amount thereof to be redeemed, together with unpaid in- 
terest accrued to the date fixed for redemption, without 
payment of premium or penalty, by application of moneys 
available for that purpose; provided, that the principal 
component of any partial redemption shall cause a pro 
rata reduction in the remaining monthly installments of 
principal. 

Any such redemption, either in whole or in part, shall 
be made upon at least 30 days' prior notice in the manner 
and upon the terms and conditions provided in the Trust 
Agreement. If this bond or any portion hereof shall have 
been duly called for redemption, and payment of the re- 



184 ORDINANCES Ord. No. 34 

demption price, together with unpaid interest accrued to 
the date fixed for redemption, shall have been made, all 
as more fully set forth in the Trust Agreement, interest 
on this bond or such portion hereof shall cease to accrue 
from the date fixed for redemption, and from and after 
such date this bond or the portion hereof duly called for 
redemption shall no longer be entitled to any benefit or 
security under the Trust Agreement, and, except as pro- 
vided in Section of the Loan Agreement, the 

holder hereof shall have no rights in respect of this bond 
or such portion hereof so called for redemption except to 
receive payment of such redemption price and unpaid in- 
terest accrued to the date fixed for redemption. 

The amount of any partial redemption, and the date on 
which the same is made, shall be noted by the holder on 
Schedule B attached hereto and made a part hereof. 

In certain events, on the conditions, in the manner and 
with the effect set forth in the Trust Agi-eement, the prin- 
cipal of this bond may become or may be declared due 
and payable before the stated maturity thereof, together 
with the interest accrued thereon. 

The holder of this bond shall have no right to enforce 
the provisions of the Trust Agreement, or to institute 
action to enforce the covenants therein or to take any 
action with respect to any default under the Trust Agree- 
ment, or to institute, appear in or defend any suit or 
other proceeding with respect thereto, except as provided 
in the Trust Agreement. 

This bond is negotiable, and may be transferred by any 
holder hereof to another holder by endorsement (with or 
without recourse) and delivery. The holder hereof shall 
designate, in ^vriting, to the Issuer and the Borrower the 
address at which all pa\Tnents of the principal of and 
premium (if any) and interest on this bond are to be 
made. So long as the Bank is the holder hereof, all such 
pa>mients shall be made at the Bank's principal ofl^ce in 
Baltimore, Maryland. 

All acts, conditions and things required by the Constitu- 
tion and statutes of the State of Maryland, the Ordinance, 
the Resolution and the Trust Agreement to exist, to have 



ORDINANCES 186 

happened and to have been performed precedent to and 
in the issuance of this bond, do exist, have happened and 
have been performed. 

No covenant or agreement contained in this bond or the 
Trust Agreement shall be deemed to be a covenant or 
agreement of any officer, agent or employee of the Issuer 
in his or her individual capacity, and neither the members 
of the City Council of Baltimore nor any official executing 
this bond shall be liable personally on this bond or be 
subject to any personal liability or accountability by reason 
of the issuance of this bond. 

IN WITNESS WHEREOF, Mayor and City Council of 
Baltimore, has caused this bond to be executed in its name 
and on its behalf by its Mayor by his manual or facsimile 
signature, and by its Director of Finance, by his manual 
or facsimile signature, and has caused its corporate seal 
or a facsimile thereof to be impressed or otherwise repro- 
duced hereon, and attested by its Custodian of the City 

Seal, by his manual signature, all as of the day of 

, 1980. 

MAYOR AND CITY COUNCIL 
OF BALTIMORE 

By: 

(SEAL) Mayor 

ATTEST: 

By: 

Custodian of the City Seal Director of Finance 

SCHEDULE A 
No. R-1 $ 

Baltimore City, Maryland 
Industrial Development Revenue Bond 
(J. J. Haines & Company, Inc.) 

Date Principal Installment 

$ 

SCHEDULE B 
No. R-1 $ 



186 ORDINANCES Orel. No. 34 

Baltimore City, Maryland 

Industrial Development Revenue Bond 

(J. J. Haines & Company, Inc.) 

Date Amount of Redemption 

$ 

Sec. 6. And be it further ordained. That the Board shall 
have the right to complete the Bonds by appropriately fill- 
ing in the blanks appearing in the Form of Bond which ap- 
pears in Section 5, and such Bonds shall be executed in the 
name of the City and on its behalf by the Mayor of the 
City, by his manual or facsimile signature, and by the 
Director of Finance of the City, by his manual or facsimile 
signature, and the coi^Dorate seal of the City or a facsimile 
thereof shall be impressed or otherwise reproduced thereon 
and attested by the Custodian of the City Seal, by his 
manual signature. The Loan Agreement, the Trust Agree- 
ment and, where applicable, all other documents as the 
Board shall deem necessary to effectuate the issuance, sale 
and delivery of the Bonds, shall be executed in the name 
of the City and on its behalf by the Mayor of the City by 
his manual or facsimile signature, and the corporate seal 
of the City or a facsimile thereof shall be impressed or 
othenvise reproduced thereon and attested by the Custodian 
of the City Seal by his manual signature. In case any officer 
whose signature or a facsimile of whose signature shall ap- 
pear on the Bonds or any of the aforesaid documents shall 
cease to be such officer before the delivery of the Bonds or 
any of the other aforesaid documents, such signature 
or such facsimile shall nevertheless be valid and sufficient 
for all purix)ses, the same as if such officer had remained in 
office until delivery. The Mayor of the City, the Director of 
Finance of the City, the Custodian of the City Seal and 
other officials of the City are hereby authorized and em- 
powered to do all such acts and things and execute such 
documents and certificates as the Board may determine in 
the Resolution to be necessary to cany out and comply \vith 
the provisions hereof. 

Sec. 7. And be it further ordained. That the Bonds 
shall be executed, issued and delivered at any time or 
from time to time and in such amount or amounts not ex- 



ORDINANCES 187 

ceeding, in the aggregate, the principal amount of $2,500,- 
000, as the Board shall prescribe in the Resolution. 

Sec. 8. And be it further ordained, That the Bonds shall 
be dated, shall be in such denominations, maj- be of such 
tenor (not inconsistent with the form of the Bonds set forth 
in Section 5 of this Ordinance), and may be payable in 
such amounts at such times not exceeding 21 years and 
6 months from the date thereof and at such place or places 
as the Board shall prescribe in the Resolution. 

Sec. 9. And be it further ordained. That the Bonds will 
be subject to redemption prior to maturity upon substan- 
tially the teiTns and conditions contained in the form of the 
Bonds set forth in Section 5 of this Ordinance and upon 
such other terms and conditions as the Board shall pre- 
scribe in the Resolution. 

Sec. 10. And be it further ordained, That prior to the 
issuance, sale and delivery of any of the Bonds, the Board 
shall adopt the Resolution pursuant to which the Board 
may: 

(a) prescribe the final form, tenor, terms and conditions 
of and security for the Bonds ; 

(b) prescribe the actual amounts, rate or rates of in- 
terest (within the limits herein prescribed), denomination, 
date, actual maturity or maturities (within the limits here- 
in prescribed) , and the place or places of pajTnent of the 
Bonds, and the final terms and conditions and details under 
which the Bonds may be called for redemption prior to their 
stated maturity; 

(c) approve the form and contents, and authorize the 
execution and delivery (where applicable) of (i) the Loan 
Agreement, (ii) the Trust Agreement and (iii) such other 
documents, including (without limitation) mortgages, deeds 
of tiTist. guaranties and security instruments as the Board 
shall deem necessary to effectuate the issuance, sale and 
delivery of the Bonds ; 

(d) determine the time or times of execution, issuance, 
sale and delivery of the Bonds and prescribe any and all 
other details of the Bonds ; 



188 ORDINANCES Ord. No. 34 

(e) provide for the direct pajTuent by the Borrower of 
all costs, fees and expenses incurred by or on behalf of 
the City in connection with the issuance, sale and delivery 
of the Bonds, including (without limitation) costs of print- 
ing (if any) and issuing the Bonds, legal expenses (includ- 
ing the fees of Bond Counsel) and compensation to any 
person (other than full time employees of the City) per- 
forming sei-v^ices by or on behalf of the City in connection 
therewith; and 

(f) do any and all things, and authorize the officials of 
the City to do any and all things, necessary, proper or 
expedient in connection with the issuance, sale and delivery 
of the Bonds. 

Sec. 11. And be it further ordained, That the Loan 
Agreement shall contain such terms, provisions and con- 
ditions as the Board shall prescribe in the Resolution, which 
may include (without limitation) : 

(a) provisions for the making of the Loan by the City to 
the Borrower and provisions for the repayment by the 
Borrower of the principal of and premium (if any) and 
interest on the Loan; 

(b) a description of any security for the Loan ; 

(c) such representations, warranties, findings and affirm- 
ative and negative covenants as the Board may determine to 
be necessary, proper or expedient in connection with the is- 
suance, sale and delivery- of the Bonds; 

(d) provisions for the issuance of the Bonds, the com- 
mencement and completion of the Industrial Building, and 
the application and disbursement of the proceeds of the 
Bonds ; 

(e) provisions regarding the duration of the term of the 
Loan, ownership and possession of the Industrial Building 
and the amounts payable by the Borrower ; 

(f) provisions regarding damage to and condemnation of 
the Industrial Building or any part thereof and the applica- 
tion of the net proceeds of any insurance claim or condem- 
nation award; 



ORDINANCES 189 

(g) provisions for the appointment of an authorized 
City representative and an authorized Borrower represen- 
tative ; 

(h) covenants with respect to the use, maintenance, 
modification, operation and transfer of, and access to, the 
Industrial Building and with respect to the use of the pro- 
ceeds of the Bonds ; 

(i) provisions regarding the assignment of the Loan 
Agreement ; 

(j) provisions regarding the prepayment of the Loan by 
the Borrower; 

(k) provisions regarding the remedies of the holder of 
the Bonds in the event of default; and 

(1) such other terms, provisions and conditions as the 
Board may determine to be necessary, proper or expedient 
in connection with the issuance, sale and delivery of the 
Bonds. 

Sec. 12. And be it further ordained, That the Trust 
Agreement shall contain such terms, provisions and con- 
ditions as the Board shall prescribe in the Resolution for 
the protection and enforcement of the rights and remedies 
of the holder of the Bonds, which may include (without 
limitation) : 

(a) a description of the Bonds and the form of the 
Bonds ; 

(b) the manner of execution and transfer of the Bonds; 

(c) the terms and conditions under which the Bonds 
may be redeemed prior to their stated maturity and the 
details of the procedure for the redemption of the Bonds; 

(d) provisions of the custody and application of and 
security for the proceeds of the Bonds and the investment 
of such proceeds; 

(e) the remedies of the holders of the Bonds in the event 
of default; 

(f) the duties, rights and immunities of the Trustee; 

(g) provisions for the defeasance of the Assignment; 
and 



190 ORDINANCES Ord. No. 34 

(h) such other terms, provisions and conditions as the 
Board may determine to be necessary, appropriate or ex- 
pedient in connection with the issuance, sale and deliver>' 
of the Bonds. 

Sec. 13. And be it further ordained, That, as authorized 
by the Act, the Bonds shall be sold to the Original Pur- 
chaser by private (negotiated) sale upon such terms and 
conditions as shall be approved by the Board in the Reso- 
lution. 

Sec. 14. And be it further ordained. That neither the 
Bonds nor the interest thereon shall ever constitute an 
indebtedness or general obligation of the City or a charge 
against the general credit or taxing powers of the City 
within the meaning of any constitutional or charter pro- 
vision or statutor>^ limitation, and neither shall ever con- 
stitute or give rise to any pecuniary liability on the part of 
the City. The Bonds, and interest thereon, shall be limited 
obligations of the City, the principal of and interest on 
which Bonds shall be payable by the City solely from the 
revenue derived from Loan repa\Tnents (both principal and 
interest) made to the City by the Borrower on account of 
the Loan and, to the extent provided by the Board in the 
Resolution, from the proceeds of the Bonds, and from any 
other moneys made available to the City for such purpose. 
The proceeds of the Bonds will be deposited -v^ith the 
Trustee to be held and disbursed by the Trustee as pro- 
vided in the Trust Agreement to be approved by the Board 
in the Resolution. The payments to be made by the Bor- 
rower pursuant to the Loan Agreement will be paid directly 
to the holder of the Bonds. No such moneys will be 
commingled with the City's funds or will be subject to the 
absolute control of the City, but will be subject only to such 
limited supervision and checks as are deemed necessary or 
desirable by the City to insure that the proceeds of the 
Bonds are used to accomplish the public purposes of the 
Act and this Ordinance. 

Sec. 15. And be it further ordained. That in considera- 
tion of the purchase and acceptance of the Bonds by those 
who shall hold the Bonds from time to time, the City does 
hereby, and by the execution and delivery of the Trust 



ORDINANCES 191 

Agreement to be approved by the Board of Finance, shall 
pledge the income and revenue under the Loan Agreement 
(other than payments to the City for indemnification or to 
reimburse the City for expenses incurred by the City 
itself) to the Original Purchaser, its successors and as- 
signs, to be used and applied for the payment of the prin- 
cipal of and premium (if any) and interest on the Bonds. 
Pursuant to the terms of the Loan Agreement, to be ap- 
proved by the Board in the Resolution, payments sufficient 
for the prompt payment when due of the principal of, 
premium, if any, and interest on the Bonds are to be paid 
by the Borrower directly to the holder of the Bonds for 
the account of the City, and such payments shall be as- 
signed by the City to the Original Purchaser, its successors 
and assigns, under the Trust Agreement. 

Sec. 16. And be it further ordained, That the Borrower 
shall agree that : 

(a) It will submit any plans and specifications for the 
acquisition of the Industrial Building to the Department 
of Housing and Community Development for approval, 
with the understanding that, in addition to the economic 
feasibility of the acquisition of the Industrial Building, the 
Department of Housing and Community Development may 
consider, without limitation, the suitability of the site plan, 
architectural treatment, building plans, elevations, ma- 
terials, color construction details, access, parking, loading, 
landscaping, identification signs, exterior lighting, refuse 
collection details, streets, sidewalks, and harmony between 
the plans and the surroundings of the proposed Industrial 
Building and that the Department of Housing and Com- 
munity Development may refuse approval of any such 
plans and specifications for aesthetic or functional reasons ; 
and 

(b) It and its developers will work with the design ad- 
visory group appointed by the Department of Housing and 
Community Development in order to achieve high quality 
site, building, and landscape design. 

Sec. 17. And he it further ordained, That the provisions 
of this Ordinance are severable, and if any provision, sen- 
tence, clause, section or part hereof is held illegal, invalid 



192 ORDINANCES Ord. No. 34 

or unconstitutional or inapplicable to any person or cir- 
cumstances, such illegality, invalidity or unconstitutional- 
ity, or inapplicability shall not affect or impair any of the 
remaining provisions, sentences, clauses, sections, or parts 
of this Ordinance or their application to other persons or 
circumstances. It is hereby declared to be legislative intent 
that this Ordinance would have been passed if such illegal, 
invalid or unconstitutional provision, sentence, clause, sec- 
tion or part had not been included herein, and if the 
person or circumstances to which this Ordinance or any 
part thereof are inapplicable had been specifically exempted 
herefrom. 

Sec. 18. And be it further ordained, That if the Bonds 
are noit issued and sold within six months from the date 
on which this Ordinance is approved by the Mayor or 
Acting Mayor of the City, the authorization provided in 
this Ordinance for the City to issue and sell the Bonds 
shall expire; provided however, that the Board of Finance 
of the City may, after a showing of good cause at a public 
hearing held before the Board of Finance, extends such 
authorization for one additional term not to exceed six 
months. The Board of Finance, in its sole discretion, shall 
determine the sufficiency, or lack thereof, of the reasons 
presented for any requested extension of this Ordinance. 
If an extension is granted, notice of such extension and 
the reasons therefor shall be sent to the City Council. 

Sec. 19. And he it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved March 28, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 198 

No. 35 

(Council No. 115) 

AN ORDINANCE concerning 

ISSUANCE OF INDUSTRIAL DEVELOPMENT 

REVENUE BONDS— EAST LO.AIBARD STREET 

PARKING FACILITY PROJECT 

FOR the puiiDOse of authorizing and providing for the issu- 
ance from time to time, by The Mayor and City Council of 
Baltimore, Maryland of its revenue bonds, designated 
'Industrial Development Revenue Bonds (East Lombard 
Street Parking Facility Project)" in an aggregate prin- 
cipal amount not exceeding $10,000,000 pursuant to the 
provisions of Sections 266A through 266-1, inclusive, of 
Article 41 of the Annotated Code of Maryland (1978 Re- 
placement Volume and 1979 Cumulative Supplement) in 
order to loan the proceeds to an industrial concern con- 
sisting of such coiTX)ration, partnership or joint venture 
as may be designated by the Mayor and City Council of 
Baltimore acting through the Mayor as the nominee of 
such City, for the sole and exclusive purpose of financing 
the acquisition of certain parking facilities in the City of 
Baltimore as provided in this ordinance; making certain 
legislative findings, among others, concerning the public 
benefit and purpose of the revenue bonds; providing that 
such revenue bonds (a) shall be payable solely and only 
from revenue derived from payments to the City on ac- 
count of such loan and (b) shall not ever constitute ^vithin 
the meaning of any constitutional or charter provision or 
otherwise (i) an indebtedness of Mayor and City Council 
of Baltimore, or any other political subdivision or (ii) a 
charge against the general credit or taxing powers of 
such City; providing that this ordinance shall constitute 
a binding and enforceable commitment by such City to 
issue the revenue bonds so authorized; providing for the 
private (negotiated) sale of such revenue bonds unless 
the Board of Finance of Baltimore, Maiyland, upon the 
request of the Developer, shall determine by resolution 
to sell such revenue bonds at public sale; providing that 
certain matters pertaining to such revenue bonds, includ- 
ing (without limitation) amounts and dates of any series 



194 ORDINANCES Ord. No. 35 

of such revenue bonds, shall be determined administra- 
tively at or prior to the time of such sale of any series 
of such revenue bonds; delegating various matters to 
the Board of Finance of the City, including (without lim- 
itation) the sale of any series of such revenue bonds, the 
establishment of the interest rate or rates at the time of 
such sale and the appointment of a trustee to act under 
the ordinance as a trustee for all moneys received by the 
City hereunder; providing that there shall be determined 
by resolution or by other appropriate action all other 
matters pertaining to the issuance, sale and delivery of 
any series of such revenue bonds, including (without 
limitation) the provisions of trust between the City and 
the trustee, the execution of a loan agreement or such 
other conti'acts, agreements or instruments which the 
City may deem appropriate to effect the financing of the 
parking facilities, the creation of a loan or construction 
fund to be held by the trustee and provision for its dis- 
bursement, provision for the investment of moneys held 
by the trustee, provision of remedies for bondholders in 
the event of default, and provision for the enactment of 
supplemental ordinances and resolutions; pi'oviding that 
the authorization of such revenue bonds shall expire if 
such revenue bonds are not issued and sold within six 
months from the date on which this ordinance is approved, 
unless such authorization is extended by the Board of 
Finance for an additional term not to exceed six months ; 
and generally providing for and determining various 
matters in connection with the authorization, issuance, 
security, sale and payment of such revenue lx)nds. 

RECITALS 

Sections 266A through 266-1, inclusive, of Article 41 of 
the Annotated Code of Maryland (1978 Replacement Vol- 
ume and 1979 Cumulative Supplement), as re-enacted, 
with amendments, by Chapter 352 of the Laws of Mary- 
land of 1972 and as amended by Chapter 396 of the Laws 
of Maryland of 1973, Chapter 342 of the Laws of Mary- 
land of 1975, Chapter 421 of the Laws of Maryland of 

1976, Chapters 348 and 528 of the Laws of Maryland of 

1977, Chapters 816, 945, 946, and 953 of the Laws of 
Maryland of 1978, and Chapters 492, 511, 704, 726, and 
731 of the Laws of Maniand of 1979 (collectively, the 



ORDINANCES 195 

"Enabling Legislation") constitute those provisions of 
Maryland law authorizing the issuance of industrial reve- 
nue bonds bv all the counties and municipalities of the 
State of Maryland (the "State"). 

The Enabling Legislation now empowers the counties 
and municipalities of the State (including the Mayor and 
City Council of Baltimore) to issue revenue bonds and 
to loan the proceeds of the sale of such revenue bonds 
ito an "industrial concern" to finance the "acquisition" by 
such concern of "industrial buildings", as those terms 
are defined in the Enabling Legislation. The Enabling 
Legislation declares it to be the legislative purpose to 
relieve conditions of unemployment in the State, to en- 
courage the increase of industry and a balanced economy 
in the State, to assist in the retention of existing in- 
dustry in the State, to promote economic development, 
and in this manner to promote the health, welfare, and 
safety of the residents of each of the counties and munici- 
palities of the State. 

Mayor and City Council of Baltimore (the "City") has 
determined to issue and sell not exceeding $10,000,000 
aggregate principal amount of its revenue bonds, herein- 
after designated "Industrial Development Revenue Bonds 
(East Lombard Street Parking Facility Project)" (the 
"Bonds") and to loan the proceeds of such Bonds to an 
industrial concern (as mentioned in the Enabling Legis- 
lation) consisting of such corporation, partnership or 
joint venture or other entity as may be designated by 
the City acting through the Mayor as the nominee of 
the City (the "Developer") on the terms and conditions 
to be set forth in a loan agreement executed pursuant 
to this ordinance (the "Loan Agreement") in order to 
finance the acquisition of certain parkin^- facilities in 
the City as described below (the "Facilities"). Upon 
being designated as the nominee of the City, the De- 
veloper shall submit a letter of intent (as mentioned in 
the Enabling Legislation) to the Mayor. 

The Facilities consist of a multi-story parking facility 
having approximately 1250 spaces to he located in the 
vicinity of Lombard and Gay Streets in the City, ma- 
chineiy or equipment necessary or useful for the parking 



196 ORDINANCES Ord. No. 35 

facility, and the site or interests in land necessary or 
desirable for the parking facility, together with roads, 
or other rights of access, utilities or other necessary 
facilities. It is anticipated that the acquisition of the 
Facilities vnW be accomplished by (i) the acquisition of 
the existing parking facilities located in the vicinity of 
Lombard and Gay Streets (which acquisition may involve 
the assumption, restructuring or refinancing of existing 
indebtedness relating to such facilities), (ii) the im- 
provement and upgrading of such existing facilities and 
(iii) the construction of additional parking facilities near 
or adjacent to such existing facilities. It is anticipated 
that the financing of the acquisition of the Facilities may 
involve the leasing of the Facilities to an entity other 
than the Developer in order to provide for efficient man- 
agement of the Facihties. It is intended that this ordi- 
nance constitute an ordinance or resolution within the 
meaning of Section 266B(d) of the Enabling Legislation. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, that, acting pursuant to the Enabling Legisla- 
tion, it is hereby found and determined, as follows: 

(1) The issuance of revenue bonds by the City pursuant 
to the Enabling Legislation in order to loan the proceeds to 
the Developer for the sole and exclusive puiT>ose of acquir- 
ing the Facilities will facilitate and expedite the acquisition 
of the Facilities by the Developer ; 

(2) The accomplishment of the transactions contemplated 
and authorized by this ordinance, including (without limita- 
tion) the acquisition of the Facilities by the Developer and 
the financing thereof will (i) sustain and increase jobs and 
employment, thereby relieving conditions of unemployment 
in the State and in the City; (ii) encourage the increase of 
industiy and a balanced economy in the State and in the 
City; (iii) assist in the retention of existing industry in the 
State and in the City; (iv) promote economic development; 
and (v) promote the health, welfare and safety of the 
residents of the City and of the State. 

(3) In addition to authorizing the City itself to acquire 
and either to lease or to sell such facilities to an industrial 
concern, the Enabling Legislation, as an alternative pro- 



ORDINANCES 197 

cedure, authorizes financing of the Facilities to be accom- 
plished in the form of a loan to the Developer. The loan 
form of transaction avoids indirect costs and burdens on 
the City by not requiring any direct involvement by the 
City in the acquisition, ownership or administration of such 
facilities; however, it peiTnits controls to be imposed on 
the use of the proceeds of the Bonds to insure that the 
public purposes of the Enabling Legislation and the Bonds 
are fully accomplished. It is, therefore, in the best interests 
of the citizens of the City to finance the Facilities by a 
loan to the Developer. This ordinance contemplates and 
authorizes a transaction in the form of a loan of the pro- 
ceeds of the Bonds by the City to the Developer, rather 
than a transaction in the form of a lease or sale of the 
Facilities. Accordingly, this ordinance and the Loan Agree- 
ment hereby authorized contain such provisions as the City 
deems appropriate to effect the financing of the Facilities 
by the loan form of transaction. 

(4) Neither the Bonds nor interest coupons issued under 
the authority of the Enabling Legislation constitute an in- 
debtedness of the City or a charge against the general credit 
or taxing powers of the City within the meaning of any 
constitutional provision or provisions of the City Charter 
or statutory limitation and shall never constitute or give 
rise to any pecuniary liability of the City. The principal of 
and interest on the Bonds shall be payable from, and secured 
solely and only by a pledge of, the revenues derived from 
loan repayments under the Loan Agreement. The principal 
amount of the loan and the payments to be made by the 
Developer pursuant to the Loan Agreement will be paid 
directly to, and will be disbursed by, the independent trustee 
appointed by the Board of Finance of the City pursuant 
hereto ; no such moneys will be commingled with the City's 
funds or be subject to the absolute control of the City but 
only to such limited supervision and checks as are deemed 
necessary or desirable to insure that the proceeds of the 
Bonds are used to accomplish the public purposes of the 
Enabling Legislation and this ordinance. The Enabling Legis- 
lation provides that a loan form of transaction thereunder 
shall not constitute a capital project within the meaning of 
any charter or statutory pro\dsion. The public pui^Doses 
expressed in the Enabling Legislation are intended to be 



198 ORDINANCES Ord. No. 35 

achieved by facilitating the acquisition of the Facilities by 
the Developer. 

(5) The security for the Bonds shall be solely and ex- 
clusively the absolute, irrevocable, unconditional obligation 
of the Developer to make the payments required by the 
Loan Agreement. Accordingly, this ordinance definitely fixes 
and determines that the amount of revenue necessary to 
be set apart and applied to the payment of principal, in- 
terest and premium of the Bonds shall be the entire amount 
of the receipts and revenues of the City from payments 
under the Ix)an Agreement except for any rights of the 
City to indemnification and to payments for the City's 
administrative expenses. 

(6) (a) No part or proportion of the receipts and reve- 
nues of the City from the loan shall be set aside as a depre- 
ciation account (mentioned in the Enabling Legislation) 
since such a depreciation account would (i) be inconsistent 
with the transactions authorized hereby and (ii) place an 
unreasonable burden on the Developer so as to adversely 
aflfect the feasibility of the transactions and thus frustrate 
the legislative pui^poses of the Enabling Legislation and (b) 
a covenant such as that permitted by Section 266G(c) of 
the Enabling Legislation will be included in the Loan Agree- 
ment authorized hereby. 

Sec. 2. And be it further ordained, that this ordinance 
is intended to be, and shall constitute, a binding and en- 
forceable commitment by the City to the Developer to 
issue and deliver the Bonds authorized hereby in accord- 
ance with the terms hereof. It is contemplated that the 
Developer may proceed with the acquisition of the Facilities 
prior to the issuance and delivery of the Bonds authorized 
hereby in reliance upon the enactment of this ordinance by 
the City. 

Sec. 3. And be it further ordLained, that the issuance, sale 
and delivery of not exceeding $10,000,000 aggregate prin- 
cipal amount of revenue bonds, hereby designated "Indus- 
trial Development Revenue Bonds (East Lombard Street 
Parking Facility Project)", are hereby authorized, subject 
to the provisions of this ordinance, such Bonds to be solely 
and exclusively payable from, and secured by, the revenue 



ORDINANCES 199 

derived from payments on the loan to the Developer as pro- 
vided herein. The aggreg-ate principal amount of Bonds 
issued, sold and delivered pursuant to this ordinance shall 
not exceed $10,000,000 unless such amount shall be in- 
creased by an ordinance supplemental hereto. 

The City Council hereby recognizes the function of the 
Mayor and the Board of Finance in making the executive i^ 

and administrative determinations necessary for the issu- 
ance of bonds of the City. This ordinance, therefore, pro- 
vides that the Board of Finance may make certain adminis- 
trative deteraiinations in connection with the issuance 
and sale of the Bonds, such determinations to be effective 
only after approval by the Mayor or Acting Mayor. 

The Bonds authorized by this ordinance may be issued 
in one or more series, and each such series shall be identified 
by a letter designation, so that the first series (if the issu- 
ance of more than one series of Bonds hereunder is then 
contemplated) shall be designated "Industrial Development 
Revenue Bonds (East Lombard Street Parking Facility 
Project), Series A". The Bonds may be redesignated by 
the Board of Finance by resolution in order to reflect the 
name of the entity to whom the loan is to be made, to set 
forth the then-current name of the Facilities or to clarify 
any matters relating to the Facihties or the Developer. 
The Bonds may be further identified by the year of issue 
or such other appropriate designation as the Board of Fi- 
nance may determine by resolution adopted prior to the de- 
livery of the Bonds. The aggregate principal amount of 
Bonds to be issued pursuant to this ordinance at any one 
time shall be determined by the Board of Finance by resolu- 
tion adopted prior to the delivery of the Bonds. 

In the event more than one series of Bonds is issued here- 
under, it is contemplated that a separate series (which may 
be evidenced by a single instrument) of notes or other 
obligations of the Developer (evidencing the obligation of 
the Developer to repay the loan from the City) be issued 
to correspond with, and secure, each separate series of 
Bonds issued hereunder. 

The Bonds of a series of Bonds shall be dated as of the 
first day of the month next following the date on which 
such series of Bonds is sold unless the Board of Finance 



200 ORDINANCES Ord. No. 35 

shall specify a different date in its resolution hereinafter 
described. Such Bonds shall bear interest at an annual 
rate or rates payable semi-annually following the date 
of such series of Bonds so that, if the Bonds of a series are 
dated July 1. 1980, interest on that series of Bonds will 
be payable on Januaiy 1, 1981, July 1, 1981, and semi- 
annually thereafter. 

The Bonds of each series of Bonds issued hereunder shall 
mature on such date or dates as may be determined in the 
manner hereinafter described, but the last maturity of any 
such series of Bonds shall in no event exceed a period of 
thirty (30) years from the date of such series of Bonds 
(or such later date as may be permitted under the teiTns of 
the Enabling Legislation in effect on the date of such series 
of Bonds). If no maturity or maturities for a series of 
Bonds is determined in the manner hereinafter described, 
all of the Bonds of such series shall mature on the date 
thirty (30) years from the date of such series of Bonds (or 
such later date as may be peraiitted under the terms of the 
Enabling Legislation in effect on the date of such series 
of Bonds) . 



Sec. 4. And be it further ordained, that, prior to the 
deliverj^ of any series of Bonds, the Board of Finance shall 
adopt a resolution or resolutions which shall prescribe the 
principal amount of Bonds to be issued as a series at any 
one time, the maturity or maturities, the redemption pro- 
visions, and the sinking fund requirements, if any, for 
such series of Bonds. 

Prior to the delivery of any series of Bonds, the Board 
of Finance may also adopt a resolution or resolutions which 
may prescribe (i) the date of issue of such series of Bonds, 
(ii) any additional terms necessary or appropriate to re- 
flect any matters provided by resolution and (iii) such 
other matters as may be deemed appropriate by the Board 
of Finance. 

Any resolution or resolutions adopted pursuant to this 
section of this ordinance shall be deemed to be of an ad- 
ministrative nature and shall be effective upon approval 
by the Mayor or Acting Mayor of the City. 



ORDINANCES 201 

Sec. 5. And be it further ordained, that, unless other- 
wise provided by a resolution of the Board of Finance 
adopted upon request of the Developer, each series of the 
Bonds shall be sold at private (negotiated) sale as au- 
thorized by the Enabling Legislation, upon the teiTns and 
conditions determined by the Board of Finance as herein- 
after authorized. 

Authority is hereby conferred on the Board of Finance 
of the City to take all necessary and appropriate actions on 
behalf of the City to effect the sale of the Bonds to an 
underwriter for the Bonds selected by the Developer and 
approved by the Board of Finance or to effect the direct 
placement of the Bonds with one or more financial institu- 
tions or other qualified institutions or other qualified in- 
vestors, such actions to include, but are not limited to, 
the following: 

(1) to prepare and distribute, in conjunction with repre- 
sentatives of the Developer and the prospective under- 
writers for or purchasers of each series of the Bonds, both 
a preliminary and a final official statement in connection 
with the sale of each series of the Bonds, if such pre- 
liminary official statement and final official statement are 
determined to be necessary or desirable for the sale of 
each of the Bonds; provided, however, that any such pre- 
liminary official statement shall be clearly marked to indi- 
cate that it is subject to completion and amendment; 

(2) if the series of the Bonds are sold at private (nego- 
tiated) sale, to determine the date, time and place when 
an underwriting or purchase agreement shall be submitted 
by the underwriters or purchasers of the series of the 
Bonds, such agreement to specify the interest rate or rates 
proposed to be paid on the Bonds of the series, the price 
at which such series of the Bonds are to be sold to such 
undenvriters or purchasers, and such other matters as the 
undenvriters or purchasers and the Board of Finance may 
deem necessary or desirable in order to sell and deliver the 
series of the Bonds ; 

(3) if the series of the Bonds is sold at public sale, to 
determine the date, time and place when proposals will 
be accepted for the series of the Bonds, such proposals to 
specify the interest rate or rates proposed to be paid on 



202 ORDINANCES Ord. No. 35 

Bonds of the series, the price to be paid for the series of 
the Bonds, and such other matters as the Developer and 
the Board of Finance may deem necessary or desirable in 
order to sell and deliver the series of the Bonds and to 
award the series of the Bonds at public sale to the success- 
ful bidder for the series of the Bonds ; 

(4) if the series of the Bonds is to be placed directly 
with one or more financial institutions or other qualified 
investors, to specify the conditions under which the series 
of the Bonds are to be placed directly with such financial 
institutions or other qualified investors and to approve the 
terms of any commitment for the purchase of the series of 
the Bonds, provided, however, that such direct placement 
and such commitment complies with all applicable securi- 
ties laws; 

(5) to appoint a bank ha\dng trust powers, or a trust 
company, as trustee for the Bonds to be issued pursuant 
to this ordinance ; 

(6) to determine the interest rate or rates to be paid 
by the City on the Bonds, but only after the Developer 
shall have given the City written approval of such interest 
rate or rates through the Developer's acceptance of the 
terms of any agreement executed and delivered by the 
City for the sale of the Bonds or of the terms of any com- 
mitment issued for the purchase of the Bonds ; and 

(7) in order to insure that each series of the Bonds is 
issued without direct cost to the City, to provide for the 
pajTTient, directly by the Developer, of all costs, fees and 
expenses incurred by or on behalf of the City in connec- 
tion ^vith the issuance of each series of the Bonds, such 
payments to include (without limitation) compensation to 
any persons (other than full-time employees of the City) 
performing services by or on behalf of the City in connec- 
tion with the transactions contemplated by this ordinance. 

Authority is hereby conferred on the Mayor or Acting 
Mayor of the City to take the following actions and to 
make the following commitments on behalf of the City : 

(a) to execute and deliver a loan agreement by and 
between the City and the Developer in the form determined 
by resolution of the Board of Finance approved by the 



ORDINANCES 208 

Mayor or Acting Mayor as authorized by Section 7 of this 
ordinance; and 

(b) if the series of the Bonds are sold at private (nego- 
tiated) sale, to execute and deliver, as a binding and en- 
forceable obligation of the City, the underwriting or pur- 
chase agreement for the Bonds by and between the City 
and the underwriters or purchasers of the Bonds and to 
accomplish any and all actions necessary or deemed appro- 
priate by any of them to issue and deliver the Bonds to 
such underwriters or purchasers in accordance with the 
provisions of this ordinance and the underwriting or pur- 
chase agreement; 

(c) if the series of the Bonds is sold at public sale, to 
execute and deliver any and all documents necessary or 
deemed appropriate by the Developer and such City offi- 
cials to consummate the sale of the series of the Bonds 
at public sale and to accomplish any and all actions neces- 
sary or deemed appropriate by either of them to issue 
and deliver the series of the Bonds to such underwriters 
or purchasers in accordance with the provisions of this 
ordinance and the contract of sale with the successful 
bidder for the series of the Bonds. 

Sec. 6. And be it further ordained, that, in authorizing 
the sale of revenue bonds to finance the Facilities for the 
Developer pursuant to the Enabling Legislation, the Mayor 
and Board of Finance are hereby empowered to provide 
that the revenue bonds authorized by this ordinance and 
any revenue bonds authorized for such purpose by other 
ordinances, may be consolidated and sold as one or more 
issues or series of revenue bonds, without regard to the 
date of enactment of any ordinance authorizing the issuance 
of such revenue bonds. The aggregate principal amount of 
revenue bonds authorized by this ordinance may be in- 
creased, from time to time, and the description of the Facil- 
ities may be supplemented or modified by ordinances sup- 
plemental to this ordinance. Nothing contained in this 
ordinance is intended to require the adoption of an ordi- 
nance supplemental to this ordinance to authorize the dele- 
tion of any one or more items of the parking facilities con- 
stituting the Facilities. The Mayor and Board of Finance 
are hereby expressly authorized, in their discretion and 



204 ORDINANCES Ord. No. 35 

based upon their deteiininations from time to time, to 
omit any part of the Facilities from the Facilities to be 
financed by revenue bonds issued pursuant to this ordi- 
nance. It is the purpose and intent of this section that the 
Mayor and Board of Finance be afforded broad discretion 
in the structuring and scheduling of revenue bond issues, 
whether authorized by this ordinance or otherwise, to 
finance the Facilities for the Developer in order that the 
public purpose of the Enabling Legislation and this ordi- 
nance may be realized. 

Sec. 7. And be it further ordained, that, prior to the sale 
of any series of Bonds, the Board of Finance of the City 
may (without limitation) determine administratively by 
resolution or by other appropriate action : 

(1) the provisions of trust between the City and the 
trustee ; 

(2) the manner of execution, authentication, registra- 
tion and transfer of the Bonds; 

(3) provisions for authentication and delivery of the 
Bonds; 

(4) the provisions of the Loan Agreement between the 
City and the Developer and of such other contracts, agree- 
ments or instruments as the Board of Finance of the City 
may deem appropriate to effect the financing of the Facili- 
ties; 

(5) the terms of the note or other evidence of the 
obligation of the Developer issued for each series of Bonds; 

(6) provision for creation, holding and disbursement 
of an escrow fund to be held by the trustee; 

(7) provisions for creation, holding and disbursement of 
any other funds and accounts to be held by the trustee; 

(8) provisions for the application of receipts and reve- 
nues from the City on account of the loan ; 

(9) provisions for the security for and investment of 
moneys held by the trustee ; 

(10) the details of the procedure for the redemption of 
the Bonds: 



ORDINANCES 205 

(11) remedies for holders of the Bonds in the event of 
default ; 

(12) the duties, rights and immunities of the trustee; 

(13) the manner of execution of instruments by holders 
of the Bonds and the method of proof of ownership of the 
Bonds; 

(14) provisions for modification of this ordinance, the 
Loan Agreement, and any resolution or other action of the 
Mayor, City Council and Board of Finance pertaining to 
the Bonds; 

(15) provisions for defeasance; 

(16) the forms of the Bonds, coupons and the trustee's 
authentication certificate; 

(17) provisions for redesignating the Bonds with a 
designation different from that given in this ordinance; and 

(18) such other matters in connection with the authori- 
zation, issuance, security, sale and pajnnent of the Bonds as 
may be deemed appropriate by the Board of Finance. 

Any resolution or resolutions adopted pursuant to this 
ordinance shall be deemed to be of an administrative 
nature and shall be effective upon approval by the Mayor or 
Acting Mayor of the City. 

Sec. 8. And be it further ordained, that the Developer 
shall agree that : 

(a) It will submit any plans and specifications for the 
acquisition of the Facilities to the Department of Housing 
and Community Development for approval, ^vith the under- 
standing that, in addition to the economic feasibility of 
the acquisition of the Facilities, the Department of Housing 
and Community Development may consider, without limita- 
tion, the suitability of any site plan, architectural treat- 
ment, building plans, elevations, materials, color construc- 
tion details, access, parking, loading, landscaping, identifi- 
cation signs, exterior lighting, refuse collection details, 
streets, sidewalks, and harmony between the plans and 
the surroundings of the proposed Facilities and that the 
Department of Housing and Community Development may 



206 ORDINANCES Ord. No. 35 

refuse approval of any such plans and specifications for 
aesthetic or functional reasons ; and 

(b) It and its developers will work with the design ad- 
visory group appointed by the Department of Housing and 
Community Development in order to achieve high quality 
site, building, and landscape design. 

Sec. 9. A77d be it further ordained, that if the Bonds are 
not issued and sold within six months from the date on 
which this ordinance is approved by the Mayor or Acting 
Mayor of the City, the authorization provided in this 
ordinance for the City to issue and sell the Bonds shall 
expire ; provided however, that the Board of Finance of the 
City may, after a showing of good cause at a public hear- 
ing held before the Board of Finance, extend such authori- 
zation for one additional term not to exceed six months. 
The Board of Finance, in its sole discretion, shall deter- 
mine the sufficiency, or lack thereof, of the reasons pre- 
sented for any requested extension of this ordinance. If 
an extension is granted, notice of such extension and the 
reasons therefor shall be sent to the City Council. 

Sec. 10. And he it further ordained, that the provisions 
of this ordinance are severable, and if any provision, sen- 
tence, clause, section or part thereof is held illegal, invalid 
or unconstitutional or inapplicable to any person or cir- 
cumstances, such illegality, invalidity or unconstitutional- 
ity, or inapplicability shall not affect or impair any of the 
remaining provisions, sentences, clauses, sections or parts 
of the ordinance or their application to other persons or 
circumstances. It is hereby declared to be the legislative 
intent that this ordinance would have been adopted if 
such illegal, invalid or unconstitutional provision, sen- 
tence, clause, section or part had not been included therein, 
as if the person or circumstances to which the ordinance 
or any part thereof is inapplicable had been specifically 
exempted therefrom. 

Sec. 11. And he it further ordained, that this ordinance 
shall take effect from the date of its passage. 

Approved March 28, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 207 

No. 36 
(Council No. 116) 

AN ORDINANCE concerning 

ISSUANCE OF INDUSTRIAL DEVELOPMENT 
REVENUE BONDS— INNER HARBOR OFFICE 
BUILDING PROJECT 

FOR the purpose of authorizing and providing for the is- 
suance from time to time, 'by The Mayor and City Council 
of Baltimore, Maryland of its revenue bonds, designated 
'Industrial Development Revenue Bonds (Inner Harbor 
Office Building Project) " in an aggregate principal amount 
not exceeding $10,000,000 pursuant to the provisions of 
Sections 266A through 266-1, inclusive, of Article 41 of 
the Annotated Code of Maryland (1978 Replacement Vol- 
ume and 1979 Cumulative Supplement) in order to loan 
the proceeds to an industrial concern in the form of a 
general or limited partnership to consist of an subsidiary 
of Cadillac Fairview (Corporation, Ltd. a Canadian cor- 
poration, certain individuals, and other firms, partner- 
ships, corporations, or other entities (collectively, the 
"Developer") for the sole and exclusive purpose of financ- 
ing the acquisition of a certain commercial office building 
in the City of Baltimore as provided in this ordinance; 
making certain legislative findings, among others, con- 
cerning the public benefit and purpose of the revenue 
bonds; providing that such revenue bonds (a) shall be 
payable solely and only from revenue derived from pay- 
ments to the City on account of such loan and (b) shall 
not ever constitute within the meaning of any constitu- 
tional or charter provision or otherwise (i) an indebted- 
ness of Mayor and City Council of Baltimore, or any 
other political subdivision or (ii) a charge against the 
general credit or taxing powers of such City; providing 
that this ordinance shall constitute a binding and enforce- 
able commitment by such City to issue the revenue bonds 
so authorized; providing for the private (negotiated) sale 
of such revenue bonds unless the Board of Finance of 
Baltimore, Maryland, upon the request of the Developer, 
shall determine by resolution to sell such revenue bonds 
at public sale; providing that certain matters pertaining 



208 ORDINANCES Ord. No. 36 

to such revenue bonds, including (without Hmitation) 
amounts and dates of any series of such revenue bonds, 
shall be deteiTnined administratively at or prior to the 
time of such sale of any series of such revenue bonds; 
delegating- various matters to the Board of Finance of 
the City, including (without limitation) the sale of any 
series of such revenue bonds, the establishment of the 
interest rate or rates at the time of such sale and the 
appointment of a trustee to act under the ordinance as 
a ti-ustee for all moneys received by the City hereunder; 
providing that there shall be determined by resolution 
or by other appropriate action all other matters pei-tain- 
ing to the issuance, sale and delivery of any series of 
such revenue bonds, including (without limitation) the 
provisions of trust between the City and the trustee, the 
execution of a loan agi'eement or such other contracts, 
agreements or instruments which the City may deem 
appropriate to effect the financing of the commercial of- 
fice building, the creation of a loan or construction fund 
to be held by the trustee and provision for its disburse- 
ment, provision for the investment of moneys held by 
the trustee, provision of remedies for bondholders in the 
event of default, and provision for the enactment of 
supplemental ordinances and resolutions; providing that 
the authorization of such revenue bonds shall expire if 
such revenue bonds are not issued and sold within six 
months from the date on which this ordinance is ap- 
proved, unless such authorization is extended by the 
Board of Finance for an additional term not to exceed 
six months ; and generally pix)viding for and determining 
various matters in connection with the authorization, 
issuance, security, sale and payment of such revenue 
bonds. 

RECITALS 

Sections 266A through 266-1, inclusive, of Article 41 
of the Annotated Code of Maiyland (1978 Replacement 
Volume and 1979 Cumulative Supplement), as re-enacted. 
\rith amendments, by Chapter 352 of the Laws of Mary- 
land of 1972 and as amended by Chapter 396 of the Laws 
of Maryland of 1973, Chapter 342 of the Laws of Mary- 
land of 1975. Chapter 421 of the Laws of Maiyland of 
1976, Chapters 348 and 528 of the Laws of Maryland of 



ORDINANCES 209 

1977, Chapters 816, 945, 946, and 953 of the Laws of 
Maryland of 1978, and Chapters 492, 511, 704, 726, and 
731 of the Laws of Maryland of 1979 (collectively, the 
''Enabling Legislation") constitute those provisions of 
Maryland law authorizing the issuance of industrial reve- 
nue bonds by all the counties and municipalities of the 
State of Maryland (the ''State"). 

The Enabling Legislation now empowers the counties 
and municipalities of the State (including the Mayor and 
City Council of Baltimore) to issue revenue bonds and 
to loan the proceeds of the sale of such revenue bonds to 
an "industrial concern" to finance the "acquisition" by 
such concern of "industrial buildings", as those terms 
are defined in the Enabling Legislation. The Enabling 
Legislation declares it to be the legislative purpose to 
relieve conditions of unemployment in the State, to en- 
courage the increase of industry and a balanced economy 
in the State, to assist in the retention of existing indus- 
try in the State, to promote economic development, and 
in this manner to promote the health, welfare, and safety 
of the residents of each of the counties and municipalities 
of the State. 

Mayor and City Council of Baltimore (the "City") has 
determined to issue and sell not exceeding $10,000,000 
aggregate principal amount of its revenue bonds, herein- 
after designated "Industrial Development Revenue Bonds 
(Inner Harbor Office Building Project)" (the "Bonds") 
and to loan the proceeds of such Bonds to the Developer, 
an industrial concern as mentioned in the Enabling Legis- 
lation, on the terms and conditions to be set forth in a 
loan agreement executed pursuant to this ordinance (the 
"Loan Agreement") in order to finance the acquisition of 
a certain commercial office building in the City as de- 
scribed below (the "Facilities"). 

The Facilities consist of a multi-story commercial office 
building to be located in the vicinity of Lombard and 
Gay Streets in the City, machinery and equipment neces- 
sary^ or useful for the office building, and a site or interests 
in land necessaiy or desirable for the office building, to- 
gether with roads, or other rights of access, utilities, and 
other necessary facilities. It is presently anticipated that 



210 ORDINANCES Ord. No. 36 

the Facilities will be leased to RTKL Associates, Inc. and 
to other tenants yet to be determined. 

This ordinance authorizes a transaction which the De- 
veloper, a bona fide borrower, proposed SHALL PRO- 
POSE to the City by a letter of intent in accordance with 
Section 266B(d) of the Enabling Legislation. It is in- 
tended that this ordinance constitute an ordinance or 
resolution within the meaning of Section 266B(d) of the 
Enabling Legislation. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, that, acting pursuant to the Enabling Legis- 
lation, it is hereby found and determined, as follows : 

(1) The issuance of revenue bonds by the City pursuant 
to the Enabling Legislation in order to loan the proceeds 
to the Developer for the sole and exclusive purpose of 
acquiring the Facilities will facilitate and expedite the 
acquisition of the Facilities by the Developer; 

(2) The accomplishment of the transactions contem- 
plated and authorized by this ordinance, including (with- 
out limitation) the acquisition of the Facilities by the De- 
veloper and the financing thereof will (i) sustain and in- 
crease jobs and employment, thereby relieving conditions 
of unemployment in the State and in the City; (ii) en- 
courage the increase of industry and a balanced economy 
in the State and in the City; (iii) assist in the retention 
of existing industry in the State and in the City; (iv) 
promote economic development; and (v) promote the 
health, w^elfare and safety of the residents of the City and 
of the State. 

(3) In addition to authorizing the City itself to acquire 
and either to lease or to sell such facilities to an industrial 
concern, the Enabling Legislation, as an alternative pro- 
cedure, authorizes financing of the Facilities to be accom- 
plished in the form of a loan to the Developer. The loan 
form of transaction avoids indirect costs and burdens on 
the City by not requiring any direct involvement by the 
City in the acquisition, ownership or administration of 
such facilities; however, it permits controls to be imposed 
on the use of the proceeds of the Bonds to insure that the 
public purposes of the Enabling Legislation and the Bonds 



ORDINANCES 211 

are fully accomplished. It is, therefore, in the best in- 
terests of the citizens of the City to finance the Facilities 
by a loan to the Developer. This ordinance contemplates 
and authorizes a transaction in the form of a loan of the 
proceeds of the Bonds by the City to the Developer, rather 
than a transaction in the form of a lease or sale of the 
Facilities. Accordingly, this ordinance and the Loan Agree- 
ment hereby authorized contain such provisions as the 
City deems appropriate to effect the financing of the 
Facilities by the loan form of transaction. 

(4) Neither the Bonds nor interest coupons issued under 
the authority of the Enabling Legislation constitute an in- 
debtedness of the City or a charge against the general 
credit or taxing powers of the City wdthin the meaning 
of any constitutional provision or provisions of the City 
Charter or statutory limitation and shall never constitute 
or give rise to any pecuniary liability of the City. The 
principal of and interest on the Bonds shall be payable 
from, and secured solely and only by a pledge of, the 
revenues derived from loan repayments under the Loan 
Agreement. The principal amount of the loan and the 
pajTnents to be made by the Developer pursuant to the 
Loan Agreement will be paid directly to, and will be dis- 
bursed by, the independent trustee appointed by the Board 
of Finance of the City pursuant hereto; no such moneys 
will be commingled with the City's funds or be subject 
to the absolute control of the City but only to such limited 
supervision and checks as are deemed necessary or de- 
sirable to insure that the proceeds of the Bonds are used 
to accomplish the public purposes of the Enabling Legis- 
lation and this ordinance. The Enabling Legislation pro- 
vides that a loan form of transaction thereunder shall not 
constitute a capital project within the meaning of any 
charter or statutory provision. The public purposes ex- 
pressed in the Enabling Legislation are intended to be 
achieved by facilitating the acquisition of the Facilities by 
the Developer. 

(5) Other than the possible creation of a security in- 
terest for assignment to the trustee for the Bondholders, 
the City will acquire no interest in the Facilities either 
on behalf of the City or for the purpose of creating any 
security for the Bonds, which security shall be solely and 



212 ORDINANCES Ord. No. 36 

exclusively the absolute, irrevocable, unconditional obliga- 
tion of the Developer to make the payments required by 
the Loan Agreement. Accordingly, this ordinance definitely 
fixes and determines that the amount of revenue necessary 
to be set apart and applied to the payment of principal, 
interest and premium of the Bonds shall be the entire 
amount of the receipts and revenues of the City from 
payments under the Loan Agreement except for any rights 
of the City to indemnification and to payments for the 
City's administrative expenses. 

(6) (a) No part or proportion of the receipts and reve- 
nues of the City from the loan shall be set aside as a de- 
preciation account (mentioned in the Enabling Legislation) 
since neither the City nor the holders of Bonds desire, or 
are creating, any interest in the Facilities and such a de- 
preciation account would (i) be inconsistent with the 
transactions authorized hereby and (ii) place an unreason- 
able burden on the Developer so as to adversely affect the 
feasibility of the transactions and thus frustrate the legis- 
lative purposes of the Enabling Legislation and (b) a 
covenant such as that permitted by Section 266G(c) of 
the Enabling Legislation will be included in the Loan 
Agreement authorized hereby. 

Sec. 2. And he it further ordained, That this ordinance 
is intended to be, and shall constitute, a binding and en- 
forceable commitment by the City to the Developer to issue 
and deliver the Bonds authorized hereby in accordance 
with the terms hereof. It is contemplated that the Devel- 
oper may proceed ^^ith the acquisition of the Facilities 
prior to the issuance and deliveiy of the Bonds authorized 
hereby in reliance upon the enactment of this ordinance by 
the City. 

Sec. 3. And be it further ordained, That the issuance, 
sale and delivery of not exceeding $10,000,000 aggregate 
principal amount of revenue bonds, hereby designated "In- 
dustrial Development Revenue Bonds (Inner Harbor Office 
Building Project)", are hereby authorized, subject t-o the 
provisions of this ordinance, such Bonds to be solely and 
exclusively payable from, and secured by, the revenue 
derived from payments on the loan to the Developer as 



ORDINANCES 213 

provided herein. The aggregate principal amount of Bonds 
issued, sold and delivered pursuant to this ordinance shall 
no(t exceed $10,000,000 unless such amount shall be in- 
creased by an ordinance supplemental hereto. 

The City Council hereby recognizes the function of the 
Mayor and the Board of Finance in making the executive 
and administrative determinations necessary for the is- 
suance of bonds of the City. This ordinance, therefore, pro- 
vides that the Board of Finance may make certain ad- 
ministrative determinations in connection with the issuance 
and sale of the Bonds, such detenninations to be effective 
only after approval by the Mayor or Acting Mayor. 

The Bonds authorized by this ordinance may be issued 
in one or more series, and each such series shall be identi- 
fied by a letter designation, so that the first series (if the 
issuance of more than one series of Bonds hereunder is 
then contemplated) shall be designated "Industrial De- 
velopment Revenue Bonds (Inner Harbor Office Building 
Project), Series A". The Bonds may be redesignated by 
the Board of Finance by resolution in order to reflect the 
name of the entity to whom the loan is to be made, to set 
forth the then-current name of the Facilities or to clarify 
any matters relating to the Facilities or the Developer. 
The Bonds may be further identified by the year of issue 
or such other appropriate designation as the Board of 
Finance may determine by resolution adopted prior to the 
delivery of the Bonds. The aggregate principal amount of 
Bonds to be issued pursuant to this ordinance at any one 
time shall be deteiTnined by the Board of Finance by 
resolution adopted prior to the delivery of the Bonds. 

In the event more than one series of Bonds is issued 
hereunder, it is contemplated that a separate series (which 
may be evidenced by a single instrument) of notes or other 
obligations of the Developer (evidencing the obligation of 
the Developer to repay the loan from the City) be issued 
to correspond with, and secure, each separate series of 
Bonds issued hereunder. 

The Bonds of a series of Bonds shall be dated as of the 
first day of the month next following the date on which 
such series of Bonds is sold unless the Board of Finance 
shall specify a different date in its resolution hereinafter 



214 ORDINANCES Ord. No. 36 

described. Such Bonds shall bear interest at an annual 
rate or rates payable semi-annually follo\\ing the date of 
such series of Bonds so that, if the Bonds of a series are 
dated July 1. 1980, interest on that series of Bonds will be 
payable on January 1, 1981, July 1, 1981, and semi-annually 
thereafter. 

The Bonds of each series of Bonds issued hereunder 
shall mature on such date or dates as may be determined 
in the manner hereinafter described, but the last maturity 
of any such series of Bonds shall in no evertt exceed a 
period of thirty (30) years from the date of such series of 
Bonds (or such later date as may be permitted under the 
terms of the Enabling Legislation in effect on the date of 
such series of Bonds). If no maturity or maturities for a 
series of Bonds is determined in the manner hereinafter 
described, all of the Bonds of such series shall mature on 
the date thirty (30) years from the date of such series of 
Bonds (or such later date as may be peiTnitted under the 
terms of the Enabling Legislation in effect on the date of 
such series of Bonds) . 

Sec. 4. And be it further^ ordained, That, prior to the 
delivery of any series of Bonds, the Board of Finance shall 
adopt a resolution or resolutions which shall prescribe the 
principal amount of Bonds to be issued as a series at any 
one time, the maturity or maturities, the redemption pro- 
visions, and the sinking fund requirements, if any, for 
such series of Bonds. 

Prior to the delivery of any series of Bonds, the Board 
of Finance may also adopt a resolution or resolutions 
which may prescribe (i) the date of issue of such series 
of Bonds, (ii) any additional terms necessary or appropri- 
ate to reflect any matters provided by resolution and (iii) 
such other matters as may be deemed appropriate by the 
Board of Finance. 

Any resolution or resolutions adopted pursuant to this 
section of this ordinance shall be deemed to be of an ad- 
ministrative nature and shall be effective upon approval 
by the Mayor or Acting Mayor of the City. 

Sec. 5. And he it further ordained. That, unless other- 
wise provided by a resolution of the Board of Finance 



ORDINANCES 216 

adopted upon request of the Developer, each series of the 
Bonds shall be sold at private (negotiated) sale as au- 
thorized by the Enabling Legislation, upon the tenns and 
conditions determined by the Board of Finance as herein- 
after authorized. 

Authority is hereby conferred on the Board of Finance 
of the City to take all necessary and appropriate actions 
on behalf of the City to effect the sale of the Bonds to an 
underwriter for the Bonds selected by the Developer and 
approved by the Board of Finance or to effect the direct 
placement of the Bonds with one or more financial insti- 
tutions or other qualified institutions or other qualified 
investors, such actions to include, but are not limited to, 
the following: 

(1) to prepare and distribute, in conjunction with rep- 
resentatives of the Developer and the prospective under- 
writers for or purchasers of each series of the Bonds, both 
a preliminary and a final official statement in connection 
with the sale of each series of the Bonds, if such prelim- 
inary official statement and final official statement are 
determined to be necessary or desirable for the sale of each 
of the Bonds; provided, however, .that any such prelim- 
inary official statement shall be clearly marked to indicate 
that it is subject to completion and amendment ; 

(2) if the series of the Bonds are sold at private (negoti- 
ated) sale, to determine the date, time and place when an 
underwriting or purchase agreement shall be submitted 
by the underwriters or purchasers of the series of the 
Bonds, such agreement to specify the interest rate or rates 
proposed to be paid on the Bonds of the series, the price at 
which such series of the Bonds are to be sold to such under- 
writers or purchasers, and such other matters as the under- 
writers or purchasers and the Board of Finance may deem 
necessary or desirable in order to sell and deliver the 
series of the Bonds; 

(3) if the series of the Bonds is sold at public sale, to 
determine the date, time and place when proposals will be 
accepted for the series of the Bonds, such proposals to 
specify the interest rate or rates proposed to be paid on 
Bonds of the series, the price to be paid for the series of 
the Bonds, and such other matters as the Developer and 



216 ORDINANCES Ord. No. 36 

the Board of Finance may deem necessary or desirable in 
order to sell and deliver the series of the Bonds and to 
award the series of the Bonds at public sale to the suc- 
cessful bidder for the series of the Bonds ; 

(4) if the series of the Bonds is to be placed directly 
with one or more financial institutions or other qualified 
investors, to specify the conditions under which the series 
of the Bonds are to be placed directly with such financial 
institutions or other qualified investors and to approve the 
terms of any commitment for the purchase of the series of 
the Bonds, provided, hoivever, that such direct placement 
and such commitment complies with all applicable securi- 
ties laws; 

(5) to appoint a bank having trust powers, or a trust 
company, as trustee for the Bonds to be issued pursuant 
to this ordinance; 

(6) to determine the interest rate or rates to be paid 
by the City on the Bonds, but only after the Developer 
shall have given the City written approval of such interest 
rate or rates through the Developer's acceptance of the 
terms of any agreement executed and delivered by the City 
for the sale of the Bonds or of the terms of any commit- 
ment issued for the purchase of the Bonds ; and 

(7) in order to insure that each series of the Bonds is 
issued without direct cost to the City, to provide for the 
payment, directly by the Developer, of all costs, fees and 
expenses incurred by or on behalf of the City in connec- 
tion with the issuance of each series of the Bonds, such 
payments to include (without limitation) compensation to 
any persons (other than full-time employees of the City) 
performing services by or on behalf of the City in connec- 
tion with the transactions contemplated by this ordinance. 

Authority is hereby conferred on the Mayor or Acting 
Mayor of the City to take the following actions and to 
make the following commitments on behalf of the City: 

(a) to execute and deliver a loan agreement by and be- 
tween the City and the Developer in the foiTn determined 
by resolution of the Board of Finance approved by the 
Mayor or Acting Mayor as authorized by Section 7 of this 
ordinance; and 



ORDINANCES 217 

(b) if the series of the Bonds are sold at private (ne- 
gotiated) sale, to execute and deliver, as a binding and 
enforceable obligation of the City, the underwriting or 
purchase agreement for the Bonds by and between the City 
and the undei*^vriters or purchasers of the Bonds and to 
accomplish any and all actions necessary or deemed ap- 
propriate by any of them to issue and deliver the Bonds 
to such underwriters or purchasers in accordance with 
the provisions of this ordinance and the underwriting or 
purchase agreement ; 

(c) if the series of the Bonds is sold at public sale, to 
execute and deliver any and all documents necessary or 
deemed appropriate by the Developer and such City of- 
ficials to consummate the sale of the series of the Bonds 
at public sale and to accomplish any and all actions neces- 
sary or deemed appropriate by either of them to issue and 
deliver the series of the Bonds to such underwriters or 
purchasers in accordance with the provisions of this ordi- 
nance and the contract of sale \^ath the successful bidder 
for the series of the Bonds. 

Sec. 6. And he it further ordained, That, in authorizing 
the sale of revenue bonds to finance the Facilities for the 
Developer pursuant to the Enabling Legislation, the Mayor 
and Board of Finance are hereby empowered to provide 
that the revenue bonds authorized by this ordinance and 
any revenue bonds authorized for such purpose by other 
ordinances, may be consolidated and sold as one or more 
issues or series of revenue bonds, without regard to the 
date of enactment of any ordinance authorizing the is- 
suance of such revenue bonds. The aggregate principal 
amount of revenue bonds authorized by this ordinance may 
be increased, from time to time, and the description of the 
Facilities may be supplemented or modified by ordinances 
supplemental to this ordinance. Nothing contained in this 
ordinance is intended to require the adoption of an ordi- 
nance supplemental to this ordinance to authorize the dele- 
tion of any one or more items of the industrial facilities 
constituting the Facilities. The Mayor and Board of Fi- 
nance are hereby expressly authorized, in their discretion 
and based upon their determinations from time to time, to 
omit any part of the Facilities from the Facilities to be 



218 ORDINANCES Ord. No. 36 

financed by revenue bonds issued pursuant to this ordi- 
nance. It is the pui-pose and intent of this section that the 
Mayor and Board of Finance be afforded broad discretion 
in the structuring and scheduling of revenue bond issues, 
whether authorized by this ordinance or otherwise, to 
finance the Facilities for the Developer in order that the 
public purpose of the Enabling Legislation and this ordi- 
nance may be realized. 

Sec. 7. A7id he it further ordained, That, prior to the 
sale of any series of Bonds, the Board of Finance of the 
City may (without limitation) determine administratively 
by resolution or by other appropriate action: 

(1) the provisions of trust between the City and the 
trustee ; 

(2) the manner of execution, authen/tication, registra- 
tion and transfer of the Bonds ; 

(3) provisions for authentication and delivery of the 
Bonds ; 

(4) the provisions of the Loan Agreement between the 
City and the Developer and of such other contracts, agree- 
ments or instruments as the Board of Finance of the City 
may deem appropriate to effect the financing of the Facili- 
ties; 

(5) the terms of the note or other evidence of the obliga- 
tion of the Developer issued for each series of Bonds ; 

(6) provision for creation, holding and disbursement of 
an escrow fund to be held by the trustee ; 

(7) provisions for creation, holding and disbursement of 
any other funds and accounts to be held by the trustee ; 

(8) provisions for the application of receipts and reve- 
nues from the City on account of the loan ; 

(9) provisions for the security for and investment of 
moneys held by the trustee ; 

(10) the details of the procedure for the redemption of 
the Bonds; 

(11) remedies for holders of the Bonds in the event of 
default ; 



ORDINANCES 219 

(12) the duties, rights and immunities of the trustee; 

(13) the manner of execution of instruments by holders 
of the Bonds and the method of proof of ownership of 
the Bonds; 

(14) provisions for modification of this ordinance, the 
Loan Agreement, and any resolution or other action of the 
Mayor, City Council and Board of Finance pertaining to 
the Bonds; 

(15) provisions for defeasance; 

(16) the forms of the Bonds, coupons and the trustee's 
authentication certificate ; 

(17) provisions for redesignating the Bonds with a 
designation different from that given in this ordinance; 
and 

(18) such other matters in connection with the authori- 
zation, issuance, security, sale and payment of the Bonds 
as may be deemed appropriate by the Board of Finance. 

Any resolution or resolutions adopted pursuant to this 
ordinance shall be deemed to be of an administrative nature 
and shall be effective upon approval by the Mayor or 
Acting Mayor of the City. 

Sec. 8. And be it further ordained, That the Developer 
shall agree that : 

(a) It will submit any plans and specifications for the 
acquisition of the Facilities to the Department of Housing 
and Community Development for approval, with the under- 
standing that, in addition to the economic feasibility of the 
acquisition of the Facilities, the Department of Housing 
and Community Development may consider, without limita- 
tion, the suitability of any site plan, architectural treat- 
ment, building plans, elevations, materials, color construc- 
tion details, access, parking, loading, landscaping, identifi- 
cation signs, exterior lighting, refuse collection details, 
streets, sidewalks, and harmony between the plans and the 
surroundings of the proposed Facilities and that the De- 
partment of Housing and Community Development may 
refuse approval of any such plans and specifications for 
aesthetic or functional reasons : and 



220 ORDINANCES Ord. No. 36 

(b) It and its developers will work with the design ad- 
visory group appointed by the Department of Housing and 
Community Development in order to achieve high quality 
site, building, and landscape design. 

Sec. 9. And be it further ordained, That if the Bonds 
are not issued and sold within six months from the date on 
which this ordinance is approved by the Mayor or Acting 
Mayor of the City, the authorization provided in this ordi- 
nance for the City to issue and sell the Bonds shall expire; 
provided however, that the Board of Finance of the City 
may, after a showing of good cause at a public hearing 
held before the Board of Finance, extend such authoriza- 
tion for one additional teiTn not to exceed six months. The 
Board of Finance, in its sole discretion, shall determine 
the sufficiency, or lack thereof, of the reasons presented for 
any I'equested extension of this ordinance. If an extension 
is granted, notice of such extension and the reasons there- 
for shall be sent to the City Council. 

Sec. 10. And he it further ordained, That the provisions 
of this ordinance are severable, and if any provision, 
sentence, clause, section or part thereof is held illegal, 
invalid or unconstitutional or inapplicable to any person 
or circumstances, such illegality, invalidity or unconstitu- 
tionality, or inapplicability shall not affect or impair any 
of the remaining provisions, sentences, clauses, sections or 
parts of the ordinance or their application to other persons 
or circumstances. It is hereby declared to be the legislative 
intent that this ordinance would have been adopted if 
such illegal, invalid or unconstitutional provision, sentence, 
clause, section or part had not been included therein, as if 
the person or circumstances to which the ordinance or any 
part thereof is inapplicable had been specifically exempted 
therefrom. 

Sec. 11. And he it further ordained. That this ordinance 
shall take effect from the date of its passage. 

Approved March 28, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 221 

No. 37 
(Council No. 118) 

AN ORDINANCE concerning 

ISSUANCE OF INDUSTRIAL DEVELOPMENT 
REVENUE BONDS— OXYCHEM COMPANY, INC. 



I 



FOR the purpose of authorizing and empowering Mayor ^ 

and City Council of Baltimore to issue, sell and deliver, C 

at any time or from time to time, its industrial develop- ^ 

ment revenue bonds, designated "Baltimore City, Mary- ^ 

land Industrial Development Revenue Bonds (Oxychem j" 

Company, Inc. Project)", in the aggregate principal Jo 

amount not to exceed $1,000,000, pursuant to the pro- 
visions of Sections 266A to 266-1, inclusive, of Article 
41 of the Annotated Code of Maryland (1978 Replace- ^ 

ment Volume and 1979 Cumulative Supplement), as 
amended, in order to loan the proceeds thereof to Oxy- O 

chem Company, Inc., a New York corporation, for the 4 

sole and exclusive purpose of financing the acquisition ^ 

of a certain industrial building in Baltimore City; au- ^ 

thorizing the Mayor of the City to accept, on behalf of ^ 

the City, the Borrower's letter of intent to the City 
dated Januaiy 25, 1980; making certain legislative 
findings, among others, concerning the public benefit 
and purpose of such bonds; authorizing the private 
(negotiated) sale of such bonds; prescribing the method 
of determining the rate or rates of interest such bonds 
are to bear, the basic form, tenor, terms and conditions 
of and security for such bonds and the terms and con- 
ditions under which such bonds may be called for re- 
demption prior to their stated maturity or maturities; 
authorizing and empowering the Board of Finance of 
the City, prior to the issuance, sale and delivery of any 
of such bonds, to adopt a resolution pursuant to which 
the Board may specify, prescribe, deteiTnine, provide 
for and approve certain matters, details, documents and 
procedures in connection with the authorization, is- 
suance, sale and pajonent for such bonds; pro\ading 
that Oxychem Company, Inc. shall agree to submit 
certain plans and specifications to. and coordinate with, 
the Department of Housing and Community Develop- 



222 ORDINANCES Ord. No. 37 

merit in connection with the acquisition of the industrial 
buildin^r; and generally providing for and determining 
various matters and details in connection with the au- 
thorization, issuance, security, sale and payment of such 
bonds. 

RECITALS 

Sections 266A to 266-1, inclusive, of Article 41 of the 
Annotated Code of Maryland (1978 Replacement Volume 
and 1979 Cumulative Supplement), as amended, (the 
"Act") empower all the counties and municipalities of the 
State of Maryland to issue revenue bonds and to loan the 
proceeds of the sale of such revenue bonds to an industrial 
concern to finance the acquisition (as defined in the Act) 
by such industrial concern of an industrial building (as 
defined in the Act) . The Act declares it to be the legisla- 
tive purpose to relieve conditions of unemployment in the 
State of Maiyland, to encourage the increase of industry 
and a balanced economy in the State of Maryland, to as- 
sist in the retention of existing industry in the State of 
Maryland through the control, reduction or abatement of 
pollution of the environment (where proceeds of the bonds 
are used for that purpose) , to promote economic develop- 
ment, to protect natural i-esources and in this manner to 
promote the health, welfare and safety of the I'esidents of 
each of the counties and municipalities of the State of 
Maryland. 

Mayor and City Council of Baltimore (the "City") has 
received a letter of intent dated January 25, 1980 (the 
"Letter of Intent") from Oxychem Company, Inc., a New 
York corporation and an industrial concern as mentioned 
in the Act (the ''Borrower"), pursuant to which the 
Borrower has requested the City to participate in the 
financing of the acquisition by the Borrower of an indus- 
trial building (\\'1thin the meaning of the Act) to be lo- 
cated in Baltimore City, IMaryland (the "Industrial Build- 
ing"), by the issuance and sale by the City of its Balti- 
more City, Maiyland Industrial Development Revenue 
Bonds (Oxychem Company, Inc. Project), in the aggregate 
principal amount not to exceed S1,000,000 (the "Bonds"), 
and by loaning the proceeds of the Bonds to the Borrower 
upon the terms and conditions of a loan agreement to be 



ORDINANCES 228 

entered into between the City and the Borrower (the 
*'Loan Agreement"), as permitted by the Act (such loan 
being herein referred to as the ''Loan") . 

The Industrial Building will consist of (a) a stainless 
steel storage tank of 580,000 gallon capacity, 50 feet in 
diameter and 40 feet high, with a self-supporting roof 
(the 'Tank"), (b) a pipeline from the Tank to an existing 
pier owned by Eastalco Aluminum Company, and (c) a 
combination rail and truck loading facility adjacent to an 
existing rail line, all to be located on approximately one 
acre of land located at Hawkins Point in Baltimore City, 
Maryland (which land is to be subleased by Eastalco 
Aluminum Company to the Borrower) . 

The Loan Agreement will require the Borrower (a) to 
use the proceeds of the Bonds solely to finance the acquisi- 
tion of the Industrial Building, and (b) to make Loan 
pajmients which will be sufficient to enable the City to 
pay the principal of and interest and premium, if any, 
on the Bonds when and as the same shall become due and 
payable. 

As security for the Bonds, the City will enter into either 

(a) a Trust Agreement (the "Trust Agreement") with a 
corporate trustee (the 'Trustee") to be appointed by the 
City or (b) an Assignment and Security Agreement (the 
"Assignment") with the original purchaser of the Bonds 
(the "Original Purchaser"), and a trustee (which may be 
the Original Purchaser) (the "Project Fund Trustee"). 
Pursuant to the Trust Agreement or the Assignment, the 
City will assign to the Trustee or, if the Assignment is 
entered into, the Original Purchaser, its successors and 
assigns, (among other things) (a) all of the City's right, 
title and interest in and to and remedies under the Loan 
Agreement, including (without limitation) any and all 
collateral referred to therein, excepting only the right of 
the City to indemnification by the Borrower and to pay- 
ments to the City for expenses incurred by the Cit>^ itself, 

(b) the receipts and revenues of the City from the Loan, 

(c) cei-tain moneys which are at any time or from time to 
time on deposit with the Trustee or the Project Fund 
Trustee, (d) all right, title and interest in and to and 
remedies with respect to any and all other property of 



224 ORDINANCES Ord. No. 37 

every description and nature from time to time by delivery 
or by writing- of any kind conveyed, pledged, assi^ed or 
transferred, as and for additional security for the Bonds, 
by the City or by anyone on its behalf or with its written 
consent, to the Trustee or, if the Assignment is entered 
into, the Orig-inal Purchaser, its successors or assigns, and 
(e) all of the City's right, title and interest in and to and 
remedies under such other documents, including (without 
limitation) mortgages, deeds of trust, guaranties and 
security instruments as the Board of Finance of the City 
(the ''Board") shall deem necessary to effectuate the is- 
suance, sale and delivery of the Bonds and which the 
Board shall approve by a resolution (the "Resolution") 
to be adopted by the Board prior to the issuance, sale and 
delivery of any of the Bonds. 

As evidenced by the Letter of Intent, the Industrial 
Building is to be acquired by a bona fide tenant or pur- 
chaser and an industrial concern within the meaning of 
the Act. 

The Bonds will be sold by private (negotiated) sale. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ACT: 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That acting pursuant to the Act, it is hereby 
found and determined as follows : 

(1) The issuance and sale of the Bonds by the City pur- 
suant to the Act in order to lend the proceeds thereof to 
the Borrower for the sole and exclusive purpose of fi- 
nancing the acquisition (within the meaning of the Act) 
by the Borrower of the Industrial Building will facilitate 
and expedite the acquisition of the Industrial Building by 
the Borrower. 

(2) The acquisition of the Industiial Building by the 
Borrower and the financing thereof as provided in this 
Ordinance will promote the declared legislative purposes 
of the Act by (a) sustaining jobs and employment, thus 
relieving conditions of unemployment in the State of 
Maryland and in Baltimore City; (b) encouraging the in- 
crease of industr>' and the creation of a balanced economy 



ORDINANCES 225 

in the State of Maryland and in Baltimore City; (c) as- 
sisting in the retention of existing industry in the State 
of Mar\iand and in Baltimore Cit>'; (d) promoting eco- 
nomic development; and (e) promoting the health, wel- 
fare and safety of the residents of the State of Maryland 
and Baltimore City. 

(3) In addition to authorizing the City itself to acquire 
the Industrial Building and either to lease or to sell the 
same to the Borrower, the Act, as an alternative procedure, 
also authorizes industrial building financing to be accom- 
plished in the form of a loan by the City to the Borrower. 
The loan form of transaction avoids indirect costs and 
burdens on the City by not requiring any direct involve- 
ment by the City in the acquisition, ownership or adminis- 
tration of the Industrial Building, while permitting ample 
controls to be imposed on the use of the proceeds of the 
Bonds to insure that the public purposes of the Act and 
the Bonds are fully accomplished. It is, therefore, in the 
best interests of the citizens of the City to finance the 
acquisition of the Industrial Building by a loan to the 
Borrower. This Ordinance contemplates and authorizes a 
transaction in the fonn of a loan of the proceeds of the 
Bonds by the City to the Borrower, rather than a trans- 
action in the form of a lease or sale of the Industrial 
Building. Accordingly, this Ordinance, together with the 
Resolution, the Trust Agreement or the Assignment, and 
the Loan Agreement authorized hereby, and the other 
documents referred to herein, contain, or shall contain, 
such provisions as the City deems appropriate to effect 
the financing of the acquisition bj^ the Borrower of the 
Industrial Building by the loan form of transaction. 

(4) Neither the Bonds nor the interest thereon shall 
ever constitute an indebtedness or general obligation of the 
City or a charge against, or pledge of the general credit or 
taxing powers of the City, within the meaning of any con- 
stitutional or charter provision or statutory limitation, and 
neither shall ever constitute or give rise to any pecuniary 
liability of the City. The Bonds and the interest thereon 
shall be limited obligations of the City, repayable by the 
City solely from the revenue derived from Loan repayments 
(both principal and interest) made to the City by the 
Borrower on account of the Loan and from any other 



226 ORDINANCES Ord. No. 37 

moneys made available to the City for such purpose. The 
proceeds of the Bonds will be paid directly to the Trustee 
or the Project Fund Trustee to be held and disbursed by 
the Trustee as provided in the Trust Agreement or by the 
Project Fund Trustee as provided in the Assignment to be 
approved by the Board in the Resolution. PajTnents of the 
principal of and premium (if any) and interest on the Loan 
will be paid by the Borrower directly to the Trustee or 
the holders of the Bonds as provided in the Tinist Agree- 
ment or the Assignment to be approved by the Board in the 
Resolution. No such moneys will be commingled with the 
City's funds or will be subject to the absolute control of the 
City, but will be subject only to such limited supervision 
and checks as are deemed necessary or desirable by the City 
to insure that the proceeds of the Bonds are used to ac- 
complish the public purposes of the Act and this Ordinance. 
The Act provides that a loan form of transaction there- 
under shall in no event constitute a capital project within 
the meaning of any charter or statutory provision. The 
public purposes expressed in the Act are to be achieved by 
facilitating the acquisition of the Industrial Building- by 
the Borrower. 

(5) The City will acquire no interest in the Industrial 
Building other than (a) any general interest in the Bor- 
rower's property shared by all holders of the Borrower's 
obligations which rank and are secured equally wath the 
Borrower's obligations pursuant to the Loan Agreement, 
(b) any lien and security interest created by the Loan 
Agreement, and (c) any interest created by any other mort- 
gage or deed of trust or other security instrument executed 
and delivered by the Borrower or any third party as 
security for the Loan as the Board may provide for and ap- 
prove in the Resolution. The security for the Bonds shall be 
solely and exclusively (a) the absolute, irrevocable and un- 
conditional obligations of the Borrower to make the pay- 
ments required by the Loan Agreement, (b) moneys 
realized from the liquidation of any lien and security 
interest created by the Loan Agreement and of any other 
lien or security interest created with respect to any prop- 
erty as security for the Loan or the Bonds as the Board 
may provide for and approve in the Resolution, and (c) 
moneys realized from any guaranty of the Bonds or of the 



ORDINANCES 227 

Loan as the Board may provide for and approve in the 
Resolution. 

(6) None of the revenues derived by the City from the 
Loan Agreement shall be set aside as a depreciation account 
(mentioned in the Act). Such a depreciation account would 
(a) be inconsistent wdth the transaction authorized hereby, 

and (b) place an unreasonable burden on the Borrower so 
as to adversely affect the feasibility of the transaction and 
thus frustrate the legislative pui^DOses of the Act. The Bor- 
rower shall covenant and agi'ee in the Loan Agreement to 
properly operate and maintain the Industrial Building dur- 
ing the time any of the Bonds are outstanding. Such 
covenant and agreement shall include a specific under- 
taking by the Borrower to make all equipment replace- 
ments and repairs necessaiy to insure that the security 
for the Bonds shall not be impaired. 

(7) The best interests of the City will be served by sell- 
ing the Bonds by private (negotiated) sale, as authorized 
by the Act, upon terms and conditions approved by the 
Board in the Resolution. 

(8) As evidenced by the Letter of Intent, the Industrial 
Building is to be acquired by a bona fide tenant or pur- 
chaser and by an industrial concern within the meaning of 
the Act. 

Sec. 2. And be it further ordained, That the City is here- 
by authorized and empowered to issue, sell and deliver, at 
any time or from time to time, its Baltimore City, Maryland 
Industrial Development Revenue Bonds (Oxychem Com- 
pany, Inc. Project) . in the aggregate principal amount not 
to exceed $1,000,000 subject to the provisions of this Ordi- 
nance. The proceeds of the Bonds will be loaned to the Bor- 
rower pursuant to the teiTns and provisions of the Loan 
Agreement, to be used by the Borrower for the sole and ex- 
clusive purpose of financing the acquisition of the Industrial 
Building. The Bonds and the interest thereon shall be lim- 
ited obligations of the City, repayable by the Cit\^ solely 
from the revenue derived from Loan repa>Tnents (both 
principal and interest) made to the City by the Borrower 
pursuant to the Loan Agreement and from any other 
moneys made available to the City for such purpose. The 



228 ORDINANCES Ord. No. 37 

security for the Bonds shall be solely and exclusively as 
provided in Section 1 of this Ordinance. 

Sec. 3. Ayid be it further ordained, That the Mayor of the 
City is hereby authorized and directed to accept the Letter 
of Intent on l^ehalf of the City in order to further e\idence 
the binding" commitment of the City to issue, sell and de- 
liver the Bonds in accordance with the teiTns and provisions 
of this Ordinance. This Ordinance is intended to be, and 
shall constitute, a binding and enforceable commitment by 
the City to the Borrower to issue and deliver the Bonds 
authorized hereby in accordance with the terms hereof; 
however, the City can make no assurances as to the avail- 
ability of a ready, willing and able purchaser of the Bonds, 
and the City will have no obligation to find a purchaser for 
the Bonds. The City and the Borrower contemplate that 
upon the enactment of this Ordinance by the City the Bor- 
rower may proceed with the acquisition of the Industrial 
Building prior to the issuance, sale and deliverj^ of the 
Bonds authorized hereby. 

Sec. 4. And be it further ordained, That each of the 
Bonds shall bear the descriptive title "Baltimore City, 
Maryland Industrial Development Revenue Bond (Oxychem 
Company, Inc. Project)", provided, that the descriptive 
title may contain such other descriptive infoiTnation as the 
Board may prescribe in the Resolution (e.g. "1980 Series"). 
The Bonds may bear interest from the date of delivery at 
a rate of interest not exceeding ten per centum (10%) 
per annum or at such higher rate of interest as may be 
prescribed by the Board in the Resolution, provided, how- 
ever, that during any period in which the interest payable 
on the Bonds is for any reason includible in the gross in- 
come (as defined in Section 61 of the Internal Revenue 
Code of 1954, as amended) of any holder of any of the 
Bonds, such Bonds may bear interest at a rate which is at 
all times equal to the commercial prime rate of interest 
in effect at IMaryland National Bank from time to time plus 

per centum (....%) per annum ; provided 

further that the exact rate or rates of interest shall be 
prescribed by the Board in the Resolution (\Wthin the 
limits herein prescribed). Interest on the Bonds shall be 
payable quarterly on dates to be prescribed by the Board in 



ORDINANCES 229 

the Resolution. The principal of the Bonds shall be payable 
in quai-terly installments on dates and in amounts to be 
prescribed by the Board in the Resolution. 

Sec. 5. Ayid be it further ordained, That the definitive 
Bonds, which may be eng-raved, printed or typewritten, 
including the Trustee's Certificate of Authentication to be 
endorsed thereon, if the Trust Agreement is entered into, 
shall be substantially in one of the following basic forms 
with such appropriate variations, omissions, insertions and 
additional provisions as the Board may approve in the 
Resolution: 

FORM OF BOND 
IF TRUST AGREEMENT IS ENTERED INTO 

No.R.... $ 



UNITED STATES OF AMERICA 

STATE OF MARYLAND 

BALTIMORE CITY, MARYLAND 

INDUSTRIAL DEVELOPMENT REVENUE BOND 

(OXYCHEM COMPANY, INC. PROJECT) 

19.... SERIES 

FOR VALUE RECEIVED, MAYOR AND CITY COUN- 
CIL OF BALTIMORE, a body politic and corporate and a 
political subdivision of the State of Maryland (the "Is- 
suer"), hereby promises to pay (but only out of the "Re- 
ceipts and Revenues of the Issuer from the Loan" as here- 
inafter defined) to the order of 

or its successor, assignee or legal 

repi'esentative, the principal sum of DOLLARS, 

payable in installments and in the manner hereinafter set 
forth, and to pay interest on the unpaid principal amount 

hereof from , 1980, until paid in full (or, 

if this bond, or any portion hereof, shall have been duly 
called for early redemption and payment of the redemption 
price (the "Redemption Price") shall have been made or 
provided for, until the date fixed for such early redemp- 
tion) at the rate of per centum (....%) per 

annum (calculated on the basis of a 360-day year factor 
applied to actual days elapsed) payable at the times and 
in the manner hereinafter set forth; provided, however. 



280 ORDINANCES Ord. No. 37 

that during any period in which the interest payable here- 
on is for any reason includible in the gross income (as 
defined in Section 61 of the Internal Revenue Code of 
1954, as amended) of the holder hereof, the rate of inter- 
est payable on the unpaid principal amount hereof shall 
be at the rate which is at all times equal to the commercial 
prime rate of interest in effect at Maryland National Bank 

from time to time plus per centum (....%) per 

annum (calculated on the basis of a 360-day year factor 
applied to actual days elapsed). 

The principal hereof and interest hereon shall be paid in 
any coin or currency of the United States of America 
which, at the respective times of pa\Tnent, is legal tender 
for the payment of public and private debts, as follows: 

(a) interest only shall be payable on the first day of 
, 1980, and on the first day of , , 

and thereafter, to and including the first day of 

198. . , by check mailed by 

(the "Trustee"), to the registered owner hereof at the 
address indicated on the bond registration books of the 
Issuer kept by the Trustee without the necessity of sur- 
rendering or presenting this bond, and all such payment 
shall fully discharge the obligation of the Issuer herein to 
the extent of the payments so made ; 

(b) thereafter, the principal of and interest on the out- 
standing principal balance shall be payable on , 

, , and of each year, 

commencing on , and thereafter until paid in 

full (or until the date fixed for early redemption as re- 
ferred to above), by check mailed by the Trustee to the 
registered owner hereof at its address as it appears on the 
bond registration books of the Issuer, kept by the Trustee 
without the necessity of surrendering or presenting this 
bond, and all such payments shall fully discharge the obli- 
gation of the Issuer herein to the extent of the payments 
so made; and 

(c) the entire unpaid principal amount hereof and all 
accrued and unpaid interest hereon shall be due and pay- 
able on , if not paid earlier. 

In the event any payment hereon is not paid within 20 
days from the date on which the same is due and payable, 



ORDINANCES 231 

the payment so in default shall continue as an obligation 
of the Issuer (limited as herein provided) with interest 
thereon at the rate of 12% per annum until paid in full. 
In addition, the Issuer shall pay (limited as herein pro- 
vided) a late charge equal to 5% of any payment of inter- 
est or principal as set forth above which is made more 
than 20 days after the date on which the same is due and 
payable. 

All payments hereon, including prepayments, shall be 
applied first to accrued and unpaid interest and the balance 
to principal. 

This bond is one of a duly authorized issue of industrial 
development revenue bonds of the Issuer, aggregating 

($ ) in principal amount, dated 

as of , designated as "Baltimore City, Mary- 
land Industrial Development Revenue Bonds (Oxychem 
Company, Inc. Project), 1980 Series" (the "1980 Series 
Bonds"), and issued under and pursuant to the Constitu- 
tion and the laws of the State of Maryland, particularly 
Sections 266A to 266-1, inclusive, of Article 41 of the 
Annotated Code of Maryland (1978 Replacement Volume 
and 1979 Cumulative Supplement), as amended (the 

"Act"), and under and pursuant to Ordinance No 

of the Issuer, approved by the Mayor of the Issuer on 

(the "Ordinance") , and by a resolution 

adopted by the Board of Finance of the Issuer on 

(the "Resolution"), for the purpose of financing the acqui- 
sition of a certain industrial building by Oxychem Com- 
pany, Inc., a New York corporation (the "Borrower"), to 
be located in the City of Baltimore, Maryland (the "Indus- 
trial Building"). 

The proceeds of the 1980 Series Bonds are being loaned 
to the Borrower by the Issuer under a Loan Agreement 

dated as of , 1980, between the Borrower and 

the Issuer (the "Loan Agreement") . 

The 1980 Series Bonds are issued under a Trust Agree- 
ment dated as of , 1980, between the Issuer 

and the Trustee (the "Trust Agreement"), and, to the ex- 
tent provided therein, are, together with all other bonds 
that may be issued thereunder, equally and ratably secured 
and entitled to the protection given by the Trust Agree- 



232 ORDINANCES Ord. No. 37 

ment. Pursuant to the Trust Agreement, the Issuer has 
iissigned to the Trustee (among other things) the "Receipts 
luid Revenues of the Issuer from the Loan", which term 
is used herein as defined in the Trust Agreement and which 
as therein defined includes all the pa\TTients payable to the 
Issuer pursuant to the Loan Agreement and all other reve- 
nues of the Issuer attributable to the financing of the In- 
dustrial Building (excepting only the rights of the Issuer 
to indemnification by the Borrower and to payments to the 
Issuer for expenses incurred by the Issuer itself). 

Pursuant to the Loan Agi-eement, pajTnents sufl^cient for 
the prompt payment when due of the principal of, pre- 
mium, if any, and interest on the 1980 Series Bonds are 
to be paid to the Trustee for the account of the Issuer and 
deposited in a special account created by the Issuer and 
designated *'1980 Baltimore City, Marjiand, Industrial De- 
velopment Revenue Bond Fund — Oxychem Company, Inc. 
Project" (the ''Bond Fund") and have been assigned for 
that purpose. 

As more fully provided in the Trust Agreement, the 1980 
Series Bonds do not constitute an indebtedness or obliga- 
tion to which the faith and credit of the Issuer are pledged 
but are limited obligations of the Issuer, which is obligated 
to pay the principal of, the interest on, and the redemption 
premium on, the 1980 Series Bonds only out of the Receipts 
and Revenues of the Issuer from the Loan. The 1980 Series 
Bonds may also be paid out of any other moneys made 
available to the Issuer or the Trustee for the pa\Tnent 
thereof. By the terms of the Act, the principal of, the in- 
terest on, or the redemption premium (if any) on, this 
bond, do not, and shall not ever, constitute an indebtedness 
or charge against the general credit or taxing powers of 
the Issuer within the meaning of any constitutional or 
charter provision or statutor>' limitation and shall not con- 
stitute or give rise to any pecuniary- liability of the Issuer. 

Reference is hereby made to the Trust Agreement for 
a full and complete statement of the provisions with re- 
spect to the custody and application of the proceeds of the 
1980 Series Bonds, the collection and disposition of the 
Receipts and Revenues of the Issuer from the Loan as- 
signed as security for the pa.vment of the 1980 Series Bonds 



ORDINANCES 238 

and the interest thereon, the nature and extent of the se- 
curity and the rights of the holders of the 1980 Series 
Bonds, the terms and conditions on which, and the puiTX)ses 
for which, the 1980 Series Bonds are issued and the rights, 
duties and obligations of the Issuer and the Trustee there- 
under, to all of which the holder hereof, by acceptance of 
this bond, assents. 

As provided in the Trust Agreement, bonds of other 
series ranking on a parity with the 1980 Series Bonds may 
be issued, and such additional bonds may vary in such 
manner as is provided and permitted in the Trust Agree- 
ment. 

The 1980 Series Bonds are issuable in the foiTn of fully 
registered installment bonds without coupons in the denom- 
ination of $ each or integral multiples thereof 

each bearing an attached schedule indicating the amount 
of each installment and the date on which the same is due 
and payable. 

In the manner and with the effect provided in the Trust 
Agreement, the 1980 Series Bonds wall be subject to re- 
demption prior to maturity, at the option of the Issuer, on 

or after on any interest pajonent date, 

either as a whole at any time or in part from time to time 

in multiples of $ , at the following Redemption 

Price (expressed as a percentage of its principal amount) 
plus accrued interest thereon to the date named for re- 
demption : 

Redemption Period Redemption Price 

through , 1981 

through , 1982 

through , 1983 

through , 1984 

and thereafter 100% 

The 1980 Series Bonds may be redeemed by application of 
moneys available for that purpose, provided that any par- 
tial redemption shall be made pro rata in accordance with 
the aggregate principal amount of 1980 Series Bonds out- 
standing held by each holder and shall be applied to the 
principal to be redeemed under each of the 1980 Series 
Bonds in the inverse order of the installment payment 
dates. 



inclusive 


104% 


inclusive 


103% 


inclusive 


102% 


inclusive 


101% 



284 ORDINANCES Ord. No. 37 

If less than all the 1980 Series Bonds at the time out- 
standing- shall be called for redemption, the portions of the 
1980 Series Bonds to be redeemed shall be selected by the 
Trustee on a proportional basis as provided in the Trust 
Ag-reement. Any such redemption, either in whole or in 
part, shall be made upon at least 30 days prior wTitten 
notice in the manner and upon the terms and conditions 
provided in the Trust Agreement. If this bond or any por- 
tion hereof shall have been duly called for redemption and 
payment of the Redemption Price, together with unpaid 
interest accrued to the date fixed for redemption, shall have 
been made or provided for, all as more fully set forth in 
the Trust Agreement, interest on this bond or such portion 
hereof shall cease to accrue from the date fixed for redemp- 
tion, and from and after such date this bond or the portion 
hereof duly called for redemption shall no longer be en- 
titled to any benefit or security under the Trust Agreement, 
and, except as pro\ided in Section .... of the Loan Agree- 
ment, the registered owner hereof shall have no rights in 
respect of this bond or such portion hereof so called for 
I'edemption except to receive pa\Tnent of such Redemption 
Price and unpaid interest accrued to the date fixed for re- 
demption. If a portion of this bond shall be called for re- 
demption, a new bond in principal amount equal to the un- 
redeemed portion hereof will be issued to the registered 
owner upon the surrender hereof. 

If at the time of a call for prior redemption, bonds of 
other series ranking on a parity with the 1980 Series Bonds 
should be outstanding and included in the call for prior re- 
demption, moneys in the Bond Fund shall be applied to the 
retirement of the bonds of each series then outstanding 
under the Trust Agreement in proportion (as nearly as 
practicable) to the aggregate principal amount of bonds 
of each such series issued under the Trust Agreement and 
then outstanding. 

In certain events, on the conditions, in the manner and 
with the effect set forth in the Trust Agreement, the prin- 
cipal of the 1980 Series Bonds then outstanding under the 
Trust Agreement may become or may be declared due and 
payable before the stated maturity thereof, together with 
the interest accrued thereon. 



ORDINANCES 286 

The holder of this bond shall have no right to enforce the 
provisions of the Trust Agreement, or to institute action to 
enforce the covenants therein, or to take any action with 
respect to any default under the Trust Agreement, or to 
institute, appear in or defend any suit or other proceeding 
with respect thereto, except as provided in the Trust 
Agreement. 

This bond shall be registered on the books of the Issuer 
to be kept for that purpose at the office of the Director of 
Finance of the Issuer. This bond shall be transferable only 
upon such books at such office by the registered owner or 
by its duly authorized officer or attorney. This bond, upon 
surrender hereof at the principal office of the Trustee with 
a Vv^ritten instrument of transfer satisfactoiy to the Trustee, 
duly executed by the registered o\vner hereof or his duly 
authorized attorney, may, at the option of the registered 
owner, be exchanged for an equal aggregate principal 
amount of 1980 Series Bonds of authorized denominations. 
Such transfers or exchanges shall be without charge to the 
registered o\\Tier hereof, but any taxes or other govern- 
mental charges required to be paid with respect to the same 
shall be paid by the registered owner requesting such trans- 
fer or exchange as a condition precedent to the exercise of 
such privilege. 

The Issuer and the Trustee may deem and treat the per- 
son in whose name this bond is registered as the absolute 
o\vner hereof for all purposes ; and neither the Issuer nor 
the Ti'ustee shall be affected by any notice to the contrary. 

All acts, conditions and things required by the Constitu- 
tion and statutes of the State of Maryland, the Ordinance, 
the Resolution and the Trust Agreement to exist, to have 
happened and to have been performed precedent to and in 
the issuance of this bond, do exist, have happened and have 
been performed. 

No covenant or agreement contained in this bond or the 
Trust Agreement shall be deemed to be a covenant or agree- 
ment of any officer, agent or employee of the Issuer in his 
or her individual capacity, and neither the members of the 
City Council of Baltimore nor any official executing this 
bond shall be liable personally on this bond or be subject 



236 ORDINANCES Ord. No. 37 

to any personal liability or accountability by reason of the 
issuance of this bond. 

This bond shall not be entitled to any benefit under the 
Trust Agreement, or be valid or become obligatory for any 
purpose, until this bond shall have been authenticated by 
the execution by the Trustee, or its successor as Trustee, of 
the Certificate of Authentication inscribed hereon. 

IN WITNESS WHEREOF, the Issuer has caused this 
bond to be executed in its name and on its behalf by its 
Mayor by his manual or facsimile signature, and by its 
Director of Finance, by his manual or facsimile signature, 
and has caused its corporate seal or a facsimile thereof 
to be impressed or otherwise reproduced hereon, and at- 
tested by its Custodian of the City Seal, by his manual 

signature, all as of the day of , 

19... 

MAYOR AND CITY COUNCIL 
OF BALTIMORE 

[SEAL] By 

ATTEST: 



Mayor 



By 

Custodian of the City Seal Director of Finance 

(FORM OF TRUSTEE'S CERTIFICATE OF 
AUTHENTICATION TO BE ENDORSED ON 
ALL BONDS) 

This Bond is one of the Bonds of the 1980 Series Bonds 
described in the Trust Agreement referred to in this Bond. 



as Trustee 

By 

Authorized Signature 



FORM OF BOND 
IF ASSIGNMENT IS ENTERED INTO 

No.R.... $ 



ORDINANCES 237 

UNITED STATES OF AMERICA 

STATE OF MARYLAND 

BALTIMORE CITY, MARYLAND 

INDUSTRIAL DEVELOPMENT REVENUE BOND 

(OXYCHEM COMPANY, INC. PROJECT) 

19.... SERIES 

FOR VALUE RECEIVED, MAYOR AND CITY COUN- 
CIL OF BALTIMORE, a body politic and corporate and a 
political subdivision of the State of Maryland (the "Is- 
suer"), hereby promises to pay (but only out of the ''Re- 
ceipts and Revenues of the Issuer from the Loan" as here- 
inafter defined) to the order of 

(the "Bank") , or its successor, 

assignee or legal representative, the principal sum of 

DOLLARS, payable in installments 

and in the manner hereinafter set forth, and to pay inter- 
est on the unpaid principal amount hereof from , 

198. ., until paid in full (or, if this bond, or any portion 
hereof, shall have been duly called for early redemption 
and pajanent of the redemption price (the "Redemption 
Price") shall have been made, until the date fixed for such 

early redemption) at the rate of per 

centum (....%) per annum (calculated on the basis of a 
360-day year factor appHed to actual days elapsed) payable 
at the times and in the maner hereinafter set forth; pro- 
vided, however, that during any period in which the inter- 
est payable hereon is for any reason includible in the gross 
income (as defined in Section 61 of the Internal Revenue 
Code of 1954, as amended) of the owner hereof, the rate 
of interest payable on the unpaid principal amount hereof 

shall be at the rate of per centum (....%) 

per annum (calculated on the basis of a 360-day year factor 
applied to actual days elapsed) . 

The principal hereof and interest hereon shall be paid in 
any coin or currency of the United States of America 
which, at the respective times of payment, is legal tender 
for the payment of public and private debts, as follows: 

(a) interest only shall be payable on the first day of 

, 1980, and on the first day of , , 

, and thereafter, to and including the 

first day of , 198. ., by check mailed by Oxychem 



238 ORDINANCES Ord. No. 37 

Company, Inc., a New York corporation (the "Borrower"), 
to the owner hereof at the address indicated on the regis- 
tration books of the Bond Registrar (hereinafter defined), 
without the necessity of surrendering or presenting this 
bond, and all such payments shall fully discharge the obli- 
gation of the Issuer herein to the extent of the payments 
so made; 

(b) thereafter, the principal of and interest on the out- 
standing principal balance shall be payable on , 

, and , of each year, com- 
mencing on , and thereafter until paid in full 

(or until the date fixed for early redemption as referred to 
above), by check mailed by the Borrower to the owner 
hereof at the address indicated on the reg-istration books 
of the Bond Registrar, without the necessity of surrender- 
ing or presenting this bond, and all such payments shall 
fully discharge the obligation of the Issuer herein to the 
extent of the payments so made ; and 

(c) the entire unpaid principal amount hereof and all 
accrued and unpaid interest hereon shall be due and pay- 
able on , if not paid earlier. 

In the event any payment hereon is not paid within 20 
days from the date on which the same is due and payable, 
the payment so in default shall continue as an obligation of 
the Issuer (limited as herein provided) with interest there- 
on at the rate of 12% per annum until paid in full. In 
addition, the Issuer shall pay (limited as herein provided) 
a late charge equal to 5% of any payment of interest or 
principal as set forth above which is made more than 20 
days after the date on which the same is due and payable. 

All payments hereon, including prepayments, shall be 
applied first to accrued and unpaid interest and the balance 
to principal. 

This bond is issued under and pursuant to the Constitu- 
tion and laws of the State of Maryland, particularly Sec- 
tions 266A to 266-1, inclusive, of Article 41 of the Anno- 
tated Code of Maryland (1978 Replacement Volume and 
1979 Cumulative Supplement), as amended (the "Act"), 

and under and pursuant to Ordinance No , approved 

by the Mayor of the Issuer on (the "Ordi- 



ORDINANCES 239 

nance"), and by a resolution adopted by the Board of Fi- 
nance of the Issuer on (the "Resolution"), for 

the purpose of financing the acquisition of a certain in- 
dustrial building (the ''Industrial Building") by the Bor- 
rower, to be located in the City of Baltimore, Maryland. 

The proceeds of this bond are being loaned to the Bor- 
rower by the Issuer under a Loan Agreement dated as of 

, 1980, between the Borrower and the Issuer 

(the "Loan Agreement"). 

This bond is issued under an Assignment and Security 

Agreement dated as of , 1980, by and among 

the Issuer, the Bank and , as Project 

Fund Trustee, (the "Assignment") and, to the extent pro- 
vided therein, is secured and entitled to the protection given 
by the Assignment. Pursuant to the Assignment the Issuer 
has assigned to the Bank, its successors and assigns, 
(among other things) the "Receipts and Revenues of the 
Issuer from the Loan", which term is used herein as defined 
in the Assignment and which as therein defined includes all 
the payments payable to the Issuer pursuant to the Loan 
Agreement and all other revenues of the Issuer attributable 
to the financing of the Industrial Building (excepting only 
the rights of the Issuer to indemnification by the Borrower 
and to payments to the Issuer for expenses incurred by 
the Issuer itself) . 

Pursuant to the Loan Agreement, payments sufficient for 
the prompt payment when due of the principal of, premium, 
if any, and interest on this bond are to be paid by the Bor- 
rower directly to the owner hereof, and have been assigned 
for that purpose. 

As more fully provided in the Assignment, this bond does 
not constitute an indebtedness or obligation to which the 
faith and credit of the Issuer is pledged, but is a limited 
obligation of the Issuer, which is obligated to pay the prin- 
cipal of, the interest on, and the redemption premium 
(if any) on, this bond only out of the Receipts and Rev- 
enues of the Issuer from the Loan. This bond may also be 
paid out of any other moneys made available to the Issuer 
for the payment thereof. By the terms of the Act, the prin- 
cipal of, the interest on, or the redemption premium (if 
any) on, this bond, do not, and shall not ever, constitute 



240 ORDINANCES Ord. No. 37 

an indebtedness or charge against the general credit or 
taxing i)owers of the Issuer within the meaning of any con- 
stitutional or charter provision or statutory limitation and 
shall not constitute or give rise to any pecuniar}^ liability of 
the Issuer. 

Reference is hereby made to the Assignment for a full 
and complete statement of the provisions ^ith respect to 
the custody and application of the proceeds of this bond, 
the collection and disposition of the Receipts and Revenues 
of the Issuer from the Loan assigned as security for the 
pa\Tnent of this bond and the interest thereon, the nature 
and extent of the security and the rights of the registered 
o^^Tler of this bond, the terms and conditions on which, and 
the pui-poses for which, this bond is issued and the rights, 
duties and obligations of the Issuer thereunder, to all of 
which the owner hereof, by acceptance of this bond, assents. 

In the manner and with the effect provided in the Assign- 
ment, this bond may be redeemed, at the option of the Is- 
suer, prior to maturity, on or after , on any 

interest payment date, either as a whole at any time or in 

part from timie to time in multiples of $ , at the 

follo\Wng Redemption Price (expressed as a percentage of 
its principal amount) plus unpaid interest accrued to the 
date fixed for redemption : 



Redemption Period 

through , 1981 
through , 1982 
through , 1983 
through , 1984 
and thereafter 


Redemption Price 

, inclusive 104% 
, inclusive 103% 
, inclusive 102% 
, inclusive 101% 
100% 



This bond may be redeemed by application of moneys avail- 
able for that pui-pose; provided, that any partial redemp- 
tion shall be applied to the principal to be redeemed in the 
inverse order of the installment pajTnent dates. 

Any such redemption, either in whole or in part, shall be 
made upon at least 30 days' prior notice in the manner and 
upon the terms and conditions provided in the Assignment. 
If this bond or any portion hereof shall have been duly 
called for redemption, and pajTnent of the Redemption 
Price, together with unpaid interest accrued to the date 



ORDINANCES 241 

fixed for redemption, shall have been made or provided 
for, all as more fully set forth in the Assignment, interest 
on this bond or such poi-tion hereof shall cease to accrue 
from the date fixed for redemption, and from and after 
such date this bond or the portion hereof duly called for 
redemption shall no longer be entitled to any benefit or 
security under the Assignment, and, except as provided in 
Section .... of the Loan Agreement, the registered owner 
hereof shall have no rights in respect of this bond or such 
portion hereof so called for redemption except to receive 
payment of such Redemption Price and unpaid interest 
accrued to the date fixed for redemption. 

The amount of any partial prepayment, and the date on 
which the same is made, shall be noted by the registered 
owner on Schedule A attached hereto and made a part 
hereof. 

In certain events, on the conditions, in the manner and 
with the effect set forth in the Assignment, the principal 
of this bond may become or may be declared due and pay- 
able before the stated maturity hereof, together with the 
interest accrued thereon. 

The owner of this bond shall have no right to enforce 
the provisions of the Assignment, or to institute action to 
enforce the covenants therein, or to take any action with 
respect to any default under the Assignment, or to insti- 
tute, appear in or defend any suit or other proceeding with 
respect thereto, except as provided in the Assignment. 

This bond shall be registered on the books of the Issuer 
to be kept for that purpose at the oflfice of the Director of 
Finance of the Issuer or any other person maintaining 
books for the registration and transfer of the bond pursu- 
ant to the provisions of the Assignment (the "Bond Regis- 
trar"). This bond shall be transferable only upon such 
books at such ofl!ice by the registered owner or by its duly 
authorized officer or attorney. This bond may be transferred 
upon surrender hereof at the principal office of the Bond 
Registrar ^vith a written instrument of transfer satisfac- 
tory to the Bond Registrar, duly executed by the regis- 
tered owner hereof or his duly authorized attorney. Such 
transfers shall be without charge to the registered owmer 



242 ORDINANCES Ord. No. 37 

hereof, but any taxes or other governmental charges re- 
quired to be paid with respect to the same shall be paid 
by the registered owner requesting such transfer as a con- 
dition precedent to the exercise of such privilege. 

The Issuer and the Borrower may deem and treat the 
person in whose name this bond is registered as the abso- 
lute owner hereof for all purposes; and neither the Issuer 
nor the Borrower shall be affected by any notice to the 
contrary. 

All acts, conditions and things required by the Consti- 
tution and statutes of the State of Maryland, the Ordi- 
nance, the Resolution and the Assignment to exist, to have 
happened and to have been performed precedent to and in 
the issuance of this bond, do exist, have happened and have 
been performed. 

No covenant or agreement contained in this bond or the 
Assignment shall be deemed to be a covenant or agreement 
of any officer, agent or employee of the Issuer in his indi- 
vidual capacity, and neither the members of the City Coun- 
cil of Baltimore nor any official executing this bond shall 
be liable personally on this bond or be subject to any per- 
sonal liability or accountability by reason of the issuance 
of this bond. 

IN WITNESS WHEREOF, the Issuer has caused this 
■bond to be executed in its name and on its behalf by the 
Mayor of the Issuer by his manual or facsimile signature, 
and by the Director of Finance of the Issuer, by his manual 
or facsimile signature, and has caused its corporate seal 
or a facsimile thereof to be impressed or other^^^se repro- 
duced hereon, and attested by the Custodian of the City 
Seal of the Issuer, by his manual signature, all as of 
the day of ,19 

MAYOR AND CITY COUNCIL 
OF BALTIMORE 



[SEAL] By 

Mayor 

ATTEST: 

By 

Custodian of the City Seal Director of Finance 



ORDINANCES 243 



SCHEDULE A 
R.... $ 



Baltimore City, Maryland 

Industrial Development Revenue Bond 

(Oxychem Company, Inc. Project) 

19. . . . Series 



Date Amount of Redemption 

% 

Sec. 6. And he it further ordained, That the Bonds shall 
be executed in the name of the City and on its behalf by 
the Mayor of the City, by his manual or facsimile signa- 
ture, and by the Director of Finance of the City, by his 
manual or facsimile signature, and the corporate seal of 
the City or a facsimile thereof shall be impressed or other- 
wise reproduced thereon and attested by the Custodian of 
the City Seal, by his manual signature. The Loan Agree- 
ment, the Trust Agreement or the Assignment and, where 
applicable, all other documents as the Board shall deem 
necessary to effectuate the issuance, sale and delivery of 
the Bonds, shall be executed in the name of the City and 
on its behalf by the Mayor of the City by his manual or 
facsimile signature, and the corporate seal of the City or 
a facsimile thereof shall be impressed or otherwise repro- 
duced thereon and attested by the Custodian of the City 
Seal by his manual signature. In case any officer whose 
signature or a facsimile of whose signature shall appear 
on the Bonds or any of the aforesaid documents shall cease 
to be such officer before the delivery of the Bonds or any 
of the other aforesaid documents, such signature or such 
facsimile shall nevertheless be valid and sufficient for all 
purposes, the same as if such officer had remained in office 
until delivery. The Mayor of the City, the Director of Fi- 
nance of the City, the Custodian of the City Seal and other 
officials of the City are hereby authorized and empowered 
to do all such acts and things and execute such documents 
and certificates as the Board may determine in the Reso- 
lution to be necessary to carry out and comply with the 
provisions hereof. 



244 ORDINANCES Ord. No. 37 

Sec. 7. And be it further ordained, That the Bonds shall 
be executed, issued and delivered at any time or from time 
to time and in such amount or amounts not exceeding, in 
the aggregate, the principal amount of $1,000,000, as the 
Board shall prescribe in the Resolution. 

Sec. 8. A72d be it further ordained, That the Bonds may 
be dated, may be in such denominations, may be of such 
tenor (not inconsistent with the applicable form of the 
Bonds set forth in Section 5 of this Ordinance) , and may 
be payable in such amounts at such times not exceeding 
30 years from the date thereof and at such place or places 
as the Board shall prescribe in the Resolution. 

Sec. 9. And be it further ordained, That the Bonds will 
be subject to redemption prior to maturity upon substan- 
tially the terms and conditions contained in the form of 
the Bonds set forth in Section 5 of this Ordinance and 
upon such other terms and conditions as the Board shall 
prescribe in the Resolution. 

Sec. 10. And be it further ordained, That prior to the 
issuance, sale and delivery of any of the Bonds, the Board 
shall adopt the Resolution pursuant to which the Board 
may: 

(a) prescribe the final form, tenor, terms and conditions 
of and security for the Bonds ; 

(b) prescribe the actual amounts, rate or rates of inter- 
est (within the limits herein prescribed), denominations, 
date, actual maturity or maturities (within the limits here- 
in prescribed), and the place or places of payment of the 
Bonds, and the final terms and conditions and details under 
which the Bonds may be called for redemption prior to 
their stated maturity ; 

(c) approve the form and contents, and authorize the 
execution and delivery (where applicable) of (i) the Loan 
Agreement, (ii) the Trust Agreement or the Assignment 
and (iii) such other documents, including (without limita- 
tion) mortgages, deeds of trust, guaranties and security 
instruments as the Board shall deem necessary to effectuate 
the issuance, sale and delivery of the Bonds ; 



ORDINANCES 245 

(d) determine the time or times of execution, issuance, 
sale and delivery of the Bonds and prescribe any and all 
other details of the Bonds ; 

(e) provide for the direct payment by the Borrower of 
all costs, fees and expenses incurred by or on behalf of the 
City in connection with the issuance, sale and delivery of 
the Bonds, including (without limitation) costs of printing 
(if any) and issuing the Bonds, legal expenses (including 
the fees of Bond Counsel) and compensation to any person 
(other than full time employees of the City) performing 
services by or on behalf of the City in connection there- 
with; and 

(f ) do any and all things, and authorize the officials of 
the City to do any and all things, necessary, proper or 
expedient in connection with the issuance, sale and delivery 
of the Bonds. 

Sec. 11. And he it further ordained, That the Loan Agree- 
ment shall contain such terms, provisions and conditions 
as the Board shall prescribe in the Resolution. 

Sec. 12. And be it further ordained, That the Trust 
Agreement or the Assignment shall contain such terms, 
provisions and conditions as the Board shall prescribe in 
the Resolution for the protection and enforcement of the 
rights and remedies of the holders of the Bonds. 

Sec. 13. And be it further ordained, That, as authorized 
by the Act, the Bonds shall be sold by private (negotiated) 
sale upon such terms and conditions as shall be approved by 
the Board in the Resolution. 

Sec. 14. And be it further ordained, That neither the 
Bonds nor the interest thereon shall ever constitute an 
indebtedness or general obligation of the City or a charge 
against the general credit or taxing powers of the City 
within the meaning of any constitutional or charter pro- 
vision or statutory limitation, and neither shall ever consti- 
tute or give rise to any pecuniary liability on the part of 
the City. The Bonds, and the interest thereon, shall be 
limited obligations of the City, the principal of and interest 
on which Bonds shall be payable by the City solely from 



246 ORDINANCES Ord. No. 37 

the revenue derived from Loan repa>Tnents (both principal 
and interest) made to the City by the Borrower on account 
of the Loan and, to the extent provided by the Board in the 
Resolution, from the proceeds of the Bonds, and from any 
other moneys made available to the City for such purpose. 
The proceeds of the Bonds will be deposited with the 
Trustee or the Pi'oject Fund Trustee to be held and dis- 
bursed by the Trustee as provided in the Trust Agreement 
or by the Project Fund Trustee as provided in the Assign- 
ment to be approved by the Board in the Resolution. Pay- 
ments of the principal of and premium (if any) and 
interest on the Loan will be paid by the Borrower directly 
to the Trustee or the holders of the Bonds as provided in 
the Trust Agreement or the Assignment to be approved 
by the Board in the Resolution. No such moneys will be 
commingled with the City's funds or will be subject to 
the absolute control of the City, but will be subject only to 
such limited supervision and checks as are deemed neces- 
sary or desirable by the City to insure that the proceeds of 
the Bonds are used to accomplish the public purposes of the 
Act and this Ordinance. 

Sec. 15. And be it further ordained. That in considera- 
tion of the purchase and acceptance of the Bonds by those 
who shall hold the Bonds from time to time, the City does 
hereby, and by the execution and delivery of the Trust 
Agreement or the Assignment to be approved by the Board, 
shall pledge the income and revenue under the Loan Agree- 
ment (other than pa.\mients to the City for indemnification 
or to reimburse the City for expenses incurred by the City 
itself) to the Trustee or, if the Assignment is entered into, 
the Original Purchaser, its successors and assigns, to be 
used and applied for the payment of the principal of and 
premium (if any) and interest on the Bonds. Pursuant 
to the terms of the Loan Agreement, to be approved by the 
Board in the Resolution, pajTuents sufficient for the prompt 
payment when due of the principal of, premium, if any, and 
interest on the Bonds are to be paid by the Borrower 
directly to the Trustee or the holders of the Bonds, as pro- 
vided in the Trust Agreement or the Assignment to be ap- 
proved by the Board in the Resolution, for the account 
of the City, and such pa>Tnents shall be assigned by the City 
to the Trustee, or if the Assignment is entered into, the 



ORDINANCES 247 

Original Purchaser, its successors and assigns, as provided 
in the Trust Agreement or the Assignment. 

Sec. 16. And be it further ordained, That the Borrower 
shall agree that : 

(a) It will submit any plans and specifications for the 
acquisition of the Industrial Building to the Department of 
Housing and Community Development for approval, with 
the understanding that, in addition to the economic feasi- 
bility of the acquisition of the Industrial Building, the De- 
pai-tment of Housing and Community Development may 
consider, without limitation, the suitability of the site plan, 
architectural treatment, building plans, elevations, ma- 
terials, color construction details, access, parking, loading, 
landscaping, identification signs, exterior lighting, refuse 
collection details, streets, sidewalks, and harmony between 
the plans and the suiToundings of the proposed Industrial 
Building and that the Department of Housing and Com- 
munity Development may refuse approval of any such plans 
and specifications for aesthetic or functional reasons; and 

(b) It and its developers will work with the design ad- 
visory group appointed by the Department of Housing and 
Community- Development in order to achieve high quality 
site, building, and landscape design. 

Sec. 17. And be it further ordained. That the provisions 
of this Ordinance are severable, and if any provision, sen- 
tence, clause, section or part hereof is held illegal, invalid 
or unconstitutional or inapplicable to any person or cir- 
cumstances, such illegality, invalidity or unconstitutionality, 
or inapplicability shall not affect or impair any of the 
remaining provisions, sentences, clauses, sections, or parts 
of this Ordinance or their application to other persons 
or circumstances. It is hereby declared to be the legislative 
intent that this Ordinance would have been passed if such 
illegal, invalid or unconstitutional provision, sentence, 
clause, section or part had not been included herein, and if 
the person or circumstances to which this Ordinance or any 
part hereof are inapplicable had been specifically exempted 
herefrom. 



248 ORDINANCES Ord. No. 38 

Sec. 18. And be it further ordained, That if the Bonds 
ai'e not issued and sold within six months from the date on 
which this Ordinance is appi'oved by the Mayor of the City, 
the authorization provided in this Ordinance for the City to 
issue and sell the Bonds shall expire; provided however, 
that the Board of Finance of the City, may after a showing 
of ^ood cause at a public hearing held before the Board of 
Finance, extend such authorization for one additional term 
not to exceed six months. The Board of Finance, in its sole 
discretion shall determine the sufficiency, or lack thereof, 
of the reasons presented for any requested extension of 
this Ordinance. If an extension is granted, notice of such 
extension and the reasons therefor must be sent to the City 
Council. 

Sec. 19. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved March 28, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 38 
(Council No. 119) 

AN ORDINANCE concerning 

ISSUANCE OF INDUSTRIAL DEVELOPMENT 
REVENUE BONDS— CHESAPEAKE VENTURE, INC. 

FOR the purpose of authorizing and empowering Mayor 
and City Council of Baltimore to issue, sell and deliver, 
at any time or from time to time, its industrial develop- 
ment revenue bonds, designated "Baltimore City, Mary- 
land Industrial Development Revenue Bonds (Chesa- 
peake Venture, Inc. Project) ", in the aggregate principal 
amount not to exceed $1,550,000, pursuant to the pro- 
visions of Sections 266A to 266-1, inclusive, of Article 
41 of the Annotated Code of Maryland (1978 Replace- 
ment Volume and 1979 Cumulative Supplement), as 
amended, in order to loan the proceeds thereof to Chesa- 



ORDINANCES 249 

peake Venture, Inc., a Maryland corporation (the "Bor- 
rower") which is a wholly-owned subsidiary of Hobel- 
mann Port Services, Inc., a Delaware corporation (the 
'Tarent") , for the sole and exclusive purpose of financing 
the acquisition of a certain industrial building in Bal- 
timore City ; authorizing the Mayor of the City to accept, 
on behalf of the City, the letter of intent dated February 
15, 1980 from the Borrower and the Parent to the City; 
making certain legislative findings, among others, con- 
cerning the public benefit and purpose of such bonds; 
authorizing the private (negotiated) sale of such bonds; 
prescribing the method of deteiTnining the rate or rates 
of interest such bonds are to bear, the basic form, tenor, 
terms and conditions of and security for such bonds and 
the terms and conditions under which such bonds may be 
called for redemption prior to their stated maturity or 
maturities; authorizing and empowering the Board of 
Finance of the City, prior to the issuance, sale and de- 
liveiy of any of such bonds, to adopt a resolution pur- 
suant to which the Board may specify, prescribe, deter- 
mine, provide for and approve certain matters, details, 
documents and procedures in connection with the au- 
thorization, issuance, sale and payment for such bonds; 
providing that the Borrower shall agree to submit cer- 
tain plans and specifications to, and coordinate with, the 
Department of Housing and Community Development in 
connection with the acquisition of the industrial building ; 
and generally providing for and determining various 
matters and details in connection with the authorization, 
issuance, security, sale and payment of such bonds. 

RECITALS 

Sections 266A to 266-1, inclusive, of Article 41 of the 
Annotated Code of Maryland (1978 Replacement Volume 
and 1979 Cumulative Supplement), as amended, (the 
"Act") empower all the counties and municipalities of 
the State of Maryland to issue revenue bonds and to loan 
the proceeds of the sale of such revenue bonds to an 
industrial concern to finance the acquisition (as defined 
in the Act) by such industrial concern of an industrial 
building (as defined in the Act) . The Act declares it to be 
the legislative pui*pose to relieve conditions of unemploy- 



250 ORDINANCES Ord. No. 38 

ment in the State of Maryland, to encourage the increase 
of industiy and a balanced economy in the State of Mary- 
land, to assist in the retention of existing industry in the 
State of Maryland through the control, reduction or 
abatement of pollution of the environment (where pro- 
ceeds of the bonds are used for that purpose) , to pro- 
mote economic development, to protect natural resources 
and in this manner to promote the health, welfare and 
safety of the residents of each of the counties and mu- 
nicipalities of the State of Maryland. 

Mayor and City Council of Baltimore (the "Cit>^") has 
received a letter of intent dated February 15, 1980 (the 
"Letter of Intent") from Hobelmann Port Services, 
Inc., a Delaware corporation (the "Parent") and Chesa- 
peake Venture, Inc., a Maryland corporation (the "Bor- 
rower"), which is a wholly-owned subsidiary of the Par- 
ent and which is an "industrial concern" as mentioned in 
the Act, pursuant to which the Borrower and the Parent 
have requested the City to participate in the financing of 
the acquisition by the Borrower of an industrial building 
(within the meaning of the Act) to be located in Balti- 
more City, Maryland (the "Industrial Building"), by the 
issuance and sale by the City of its Baltimore City, IVIary- 
land Industrial Development Revenue Bonds (Chesa- 
peake Venture, Inc. Project) , in the aggregate principal 
amount not to exceed $1,550,000 (the "Bonds"), and by 
loaning the proceeds of the Bonds to the Borrower upon 
the terms and conditions of a loan agreement to be 
entered into between the City and the Borrower (the 
"Loan Agreement"), as permitted by the Act (such loan 
being herein referred to as the "Loan") . 

The Industrial Building will consist of (a) the ac- 
quisition of approximately 25 acres of land located at 
2000 Chesapeake Avenue and 2101 Frankhurst Avenue, 
Baltimore, Maryland, (b) the demolition of cei-tain de- 
teriorating buildings on such property, (c) the renova- 
tion of a 10,000 square foot building on such property, 
(d) the grading and placing of a stone crusher surface 
on part of such property, and (e) the construction of 
certain other improvements on such property necessary 
for the foregoing. As set forth in the Letter of Intent, the 
Borrower will lease the Industrial Building to Nissan 



ORDINANCES 261 

Motor Corporation in U.S.A. (the "Lessee"), pursuant to 
a lease agreement to be entered into by and between 
the Borrower and the Lessee. 

The Loan Agreement will require the Borrower (a) to 
use the proceeds of the Bonds solely to finance the ac- 
quisition of the Industrial Building, and (b) to make 
Loan payments which will be sufficient to enable the City 
to pay the principal of and interest and premium, if any, 
on the Bonds when and as the same shall become due and 
payable. 

As security for the Bonds, the City will enter into a 
Trust Agreement (the 'Trust Agreement") with a cor- 
porate trustee (the ''Trustee") to be appointed by the 
City, pursuant to which the City will assign to the 
Trustee, its successors and assigns, (among other things) 
(a) all of the City's right, title and interest in and to and 
remedies under the Loan Agreement, including (without 
limitation) any and all collateral referred to therein, ex- 
cepting only the right of the City to indemnification by 
the Borrower and to payments to the City for expenses 
incurred by the City itself, (b) the receipts and revenues 
of the City from the Loan, (c) certain moneys which are 
at any time or from time to time on deposit with the 
Trustee, (d) all right, title and interest in and to and 
remedies with respect to any and all other property of 
every description and nature from time to time by de- 
livery or by writing of any kind conveyed, pledged, 
assigned or transferred, as and for additional security 
for the Bonds, by the City or by anyone on its behalf 
or with its written consent, to the Trustee, its successors 
or assigns, and (e) all of the City's right, title and in- 
terest in and to and remedies under such other docu- 
ments, including (without limitation) mortgages, deeds 
of trust, guaranties and security instruments as the 
Board of Finance of the City (the "Board") shall deem 
necessary to effectuate the issuance, sale and delivery of 
the Bonds and which the Board shall approve by a reso- 
lution (the "Resolution") to be adopted by the Board 
prior to the issuance, sale and deliveiy of any of the 
Bonds. 

As evidenced by the Letter of Intent, the Industrial 
Building is to be acquired by a bona fide tenant or pur- 



262 ORDINANCES Ord. No. 38 

chaser and an industrial concern within the meaning of 
the Act. 

The Bonds will be sold by private (negotiated) sale. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ACT: 

Section 1. Be if ordained by the Mayor and City Council 
of Baltimore, That acting pursuant to the Act, it is hereby 
found and detemiined as follows : 

(1) The issuance and sale of the Bonds by the City 
pursuant to the Act in order to lend the proceeds thereof 
to the Borrower for the sole and exclusive purpose of 
financing the acquisition (within the meaning of the Act) 
by the Borrower of the Industrial Building will facilitate 
and expedite the acquisition of the Industrial Building by 
the Borrower. 

(2) The acquisition of the Industrial Building by the 
Borrower and the financing thereof as provided in this 
Ordinance \vi\] promote the declared legislative purposes 
of the Act by (a) sustaining jobs and emplojinent, thus 
relieving conditions of unemployment in the State of Mary- 
land and in Baltimore City; (b) encouraging the increase 
of industiy and the creation of a balanced economy in the 
State of IMaryland and in Baltimore City; (c) assisting 
in the retention of existing industiy in the State of Mary- 
land and in Baltimore City; (d) promoting economic devel- 
opment; and (e) promoting the health, welfare and safety 
of the residents of the State of Maryland and Baltimore 
City. 

(3) In addition to authorizing the City itself to acquire 
the Industrial Building and either to lease or to sell the 
same to the Borrower, the Act, as an alternative procedure, 
also authorizes industrial building financing to be accom- 
plished in the foiTn of a loan by the City to the Borrower. 
The loan form of transaction avoids indirect costs and 
burdens on the City by not requiring any direct involve- 
ment by the City in the acquisition, ownership or admin- 
istration of the Industrial Building, while permitting 
ample controls to be imposed on the use of the proceeds 
of the Bonds to insure that the public purposes of the Act 
and the Bonds are fully accomplished. It is, therefore, in 



ORDINANCES 253 

the best interests of the citizens of the City to finance the 
acquisition of the Industrial Building* by a loan to the 
Borrower. This Ordinance contemplates and authorizes a 
transaction in the form of a loan of the proceeds of the 
Bonds by the City to the Borrower, rather than a trans- 
action in the form of a lease or sale of the Industrial Build- 
ing*. Accordingly, this Ordinance, together with the Reso- 
lution, the Trust Agreement, and the Loan Agreement 
authorized hereby, and the other documents referred to 
herein, contain, or shall contain, such provisions as the 
City deems appropriate to effect the financing of the ac- 
quisition by the Borrower of the Industrial Building by 
the loan form of transaction. 

(4) Neither the Bonds nor the interest thereon shall 
ever constitute an indebtedness or general obligation of 
the City or a charge against, or pledge of the general credit 
or taxing powers of the City, within the meaning of any 
constitutional or charter provision or statutory limitation, 
and neither shall ever constitute or give rise to any pecu- 
niary liability of the City. The Bonds and the interest 
thereon shall be limited obligations of the City, repayable 
by the City solely from the revenue derived from Loan 
repayments (both principal and interest) made to the 
City by the Borrower on account of the loan and from any 
other moneys made available to the City for such purpose. 
The proceeds of the Bonds will be paid directly to the 
Trustee to be held and disbursed by the Trustee as pro- 
vided in the Trust Agreement to be approved by the Board 
in the Resolution. Payments of the principal of and pre- 
mium (if any) and interest on the Loan will be paid by the 
Borrower directly to the Trustee as provided in the Trust 
Agreement to be approved by the Board in the Resolution. 
No such moneys will be commingled with the City's funds 
or will be subject to the absolute control of the City, but 
will be subject only to such limited supervision and checks 
as are deemed necessary or desirable by the City to insure 
that the proceeds of the Bonds are used to accomplish the 
public purposes of the Act and this Ordinance. The Act 
provides that a loan form of transaction thereunder shall 
in no event constitute a capital project within the meaning 
of any charter or statutory provision. The public purposes 
expressed in the Act are to be achieved by facilitating the 
acquisition of the Industrial Building by the Borrower. 



264 ORDINANCES Ord. No. 38 

(5) The City \vi\\ acquire no interest in the Industrial 
Building other than (a) any ^reneral interest in the Bor- 
rower's property shared by all holders of the Borrower's 
obligations which rank and are secured equally with the 
Borrower's obligations pursuant to the Loan Agreement, 
(b) any lien and security interest created by the Loan 
Agreement, and (c) any interest created by any other 
mortgage or deed of trust or other security instrument 
executed and delivered by the Borrower or any third party 
as security for the Loan as the Board may provide for and 
approve in the Resolution. The security for the Bonds shall 
be solely and exclusively (a) the absolute, irrevocable and 
unconditional obligations of the Borrower to make the 
payments required by the Loan Agreement, (b) moneys 
realized from the liquidation of any lien and security in- 
terest created by the Loan Agreement and of any other lien 
or security interest created with respect to any property 
as security for the Loan or the Bonds as the Board may 
provide for and approve in the Resolution, and (c) moneys 
realized from any guaranty of the Bonds or of the Loan as 
the Board may provide for and approve in the Resolution. 

(6) None of the revenues derived by the City from the 
Loan Agreement shall be set aside as a depreciation account 
(mentioned in the Act). Such a depreciation account would 
(a) be inconsistent with the transaction authorized hereby, 
and (b) place an unreasonable burden on the Borrower 
so as to adversely affect the feasibility of the transaction 
and thus frustrate the legislative purposes of the Act. The 
Borrower shall covenant and agree in the Loan Agreement 
to properly operate and maintain the Industrial Building 
during the time any of the Bonds are outstanding. Such 
covenant and agreement shall include a specific undertaking 
by the Borrower to make all equipment replacements and 
repaii's necessary to insure that the security for the Bonds 
shall not be impaired. 

(7) The best interests of the City will be served by 
selling the Bonds by private (negotiated) sale, as author- 
ized by the Act, upon terms and conditions approved by the 
Board in the Resolution. 

(8) As evidenced by the Letter of Intent, the Industrial 
Building is to l)e acquired by a bona fide tenant or pur- 



ORDINANCES 255 

chaser and by an industrial concern within the meaning of 
the Act. 

Sec. 2. And be it further ordained, That the City is 
hereby authorized and empowered to issue, sell and deliver, 
at any time or from time to time, its Baltimore City, Mary- 
land Industrial Development Revenue Bonds (Chesapeake 
Venture, Inc. Project), in the aggreg-ate principal amount 
not to exceed $1,550,000 subject to the provisions of this 
Ordinance. The proceeds of the Bonds will be loaned to the 
Borrower pursuant to the terms and provisions of the Loan 
Ag-reement, to be used by the Borrower for the sole and 
exclusive purpose of financing the acquisition of the In- 
dustrial Building. The Bonds and the interest thereon shall 
be limited obligations of the City, repayable by the City 
solely from the revenue derived from Loan repayments 
(both principal and interest) made to the City by the Bor- 
rower pursuant to the Loan Agreement and from any other 
moneys made available to the City for such purpose. The 
security for the Bonds shall be solely and exclusively as 
provided in Section 1 of this Ordinance. 

Sec. 3. And he it further ordained, That the Mayor of 
the City is hereby authorized and directed to accept the 
Letter of Intent on behalf of the City in order to further 
evidence the binding commitment of the City to issue, sell 
and deliver the Bonds in accordance with the terms and 
provisions of this Ordinance. This Ordinance is intended to 
be, and shall constitute, a binding and enforceable commit- 
ment by the City to the Borrower to issue and deliver the 
Bonds authorized hereby in accordance with the tenns 
hereof ; however, the City can make no assurances as to the 
availability of a ready, willing and able purchaser of the 
Bonds, and the City will have no obligation to find a pur- 
chaser for the Bonds. The City and the Borrower con- 
template that upon the enactment of this Ordinance by the 
City the Borrower may proceed wath the acquisition of the 
Industrial Building prior to the issuance, sale and delivery 
of the Bonds authorized hereby. 

Sec. 4. And he it further ordained, That each of the 
Bonds shall bear the descriptive title ''Baltimore City, Maiy- 
land Industrial Development Revenue Bond (Chesapeake 



266 ORDINANCES Ord. No. 38 

Venture, Inc. Project)", provided, that the descriptive title 
may contain such other descriptive information as the 
Board may prescribe in the Resolution (e.g. ''1980 Series"). 
The Bonds may bear interest from the date of deliveiy at 
an annual rate of interest not exceeding sixty-five per 
centum (65%) of the commercial prime rate of interest 
in effect at ]\Iaiyland National Bank from time to time, pro- 
vided, however, that during any i>eriod in which the interest 
payable on the Bonds is for any reason includible in the 
gross income (as defined in Section 61 of the Internal 
Revenue Code of 1954, as amended) of any holder of any 
of the Bonds, such Bonds may bear interest at a rate which 
is at all times equal to the commercial prime rate of interest 
in eflfect at Maryland National Bank from time to time plus 
tvvo per centum (2%) per annum. Interest on the Bonds 
shall be payable monthly on dates to be prescribed by the 
Board in the Resolution. The principal of the Bonds shall be 
payable in monthly installments on dates and in amounts to 
be prescribed by the Board in the Resolution. 

Sec. 5. A7id be it further ordained, That the definitive 
Bonds, which may be engraved, printed or tjiDewritten, 
including the Trustee's Certificate of Authentication to be 
endorsed thereon, if the Trust Agreement is entered into, 
shall be substantially in one of the following basic forms 
with such appropriate variations, omissions, insertions and 
additional provisions as the Board may approve in the 
Resolution : 



FORM OF BOND 



No. R 



UNITED STATES OF AMERICA 

STATE OF MARYLAND 

BALTIMORE CITY, MARYLAND 

INDUSTRIAL DEVELOPMENT REVENUE BOND 

(CHESAPEAKE VENTURE, INC. PROJECT) 

19. . SERIES 

FOR VALUE RECEIVED, MAYOR AND CITY COUN- 
CIL OF BALTIMORE, a body politic and coi*porate and 
a political subdivision of the State of IMaiyland (the 
"Issuer"), hereby promises to pay (but only out of the 



ORDINANCES 257 

"Receipts and Revenues of the Issuer from the Loan" as 

hereinafter defined) to the order of 

or its successor, assignee or legal representa- 
tive, the principal sum of DOLLARS, 

payable in installments and in the manner hereinafter set 
forth, and to pay interest on the unpaid principal amount 

hereof from , 1980, until paid in full (or, 

if this bond, or any portion hereof, shall have been duly 
called for early redemption and payment of the redemption 
price shall have been made or provided for, until the date 
fixed for such early redemption) at the annual rate which 
is at all times equal to sixty-five per centum ( 65 % ) of the 
commercial prime rate of interest in effect at Maryland 
National Bank from time to time (calculated on the basis 
of a 360-day year factor applied to actual days elapsed) 
payable at the times and in the manner hereinafter set 
forth ; provided, however, that during any period in which 
the interest payable hereon is for any reason includible 
in the gross income (as defined in Section 61 of the In- 
ternal Revenue Code of 1954, as amended) of the holder 
hereof, the rate of interest payable on the unpaid prin- 
cipal amount hereof shall be at the rate which is at all 
times equal to the commercial prime rate of interest in 
effect at Maryland National Bank from time to time plus 
two per centum (2%) per annum (calculated on the basis 
of a 360-day year factor applied to actual days elapsed) . 

The principal hereof and interest hereon shall be paid 
in any coin or currency of the United States of America 
which, at the respective times of payment, is legal tender 
for the payment of public and private debts, as follows : 

(a) the principal sum shall be payable in monthly in- 
stallments as set forth in Schedule A attached hereto and 

made a part hereof, by check mailed by (the 

"Trustee"), to the registered owner hereof at the address 
indicated on the bond registration books of the Issuer 
kept by the Director of Finance of the Issuer without the 
necessity of surrendering or presenting this bond, and all 
such payments shall fully discharge the obligation of the 
Issuer herein to the extent of the payments so made; 

(b) interest on the outstanding principal balance shall 
be payable monthly on the first day of each month of each 
year, commencing on the first day of , and 



268 ORDINANCES Ord. No. 38 

thereafter until paid in full (or until the date fixed for 
early redemption as referred to above), by check mailed 
by the Trustee to the registered owner hereof at its ad- 
dress as it appears on the bond registration books of the 
Issuer, kept by the Director of Finance of the Issuer with- 
out the necessity of surrendering or presenting this bond, 
and all such payments shall fully discharge the obligation 
of the Issuer herein to the extent of the payments so made; 
and 

(c) the entire unpaid principal amount hereof and all 
accrued and unpaid interest hereon shall be due and pay- 
able on , if not paid earlier. 

In the event any payment hereon is not paid on the date 
on which the same is due and payable, the payment so in 
default shall continue as an obligation of the Issuer (lim- 
ited as herein provided) with interest thereon at the rate 
of interest which is 1% in excess of the then current rate 
of interest on this bond until paid in full. In addition, the 
Issuer shall pay (limited as herein provided) a late charge 
equal to 5% of any payment of interest or principal as set 
forth above which is made more than 15 days after the 
date on which the same is due and payable. 

All payments hereon, including prepa>Tnents, shall be 
applied first to accrued and unpaid interest and the balance 
to principal. 

This bond is one of a duly authorized issue of industrial 
development revenue bonds of the Issuer, aggregating .... 

($ ) in principal amount, 

dated as of , designated as "Baltimore 

City, Maryland Industrial Development Revenue Bonds 
(Chesapeake Venture, Inc. Project), 1980 Series" (the 
"1980 Series Bonds"), and issued under and pursuant to 
the Constitution and the laws of the State of Maryland, 
pai-ticularly Sections 266A to 266-1, inclusive, of Article 41 
of the Annotated Code of Maryland (1978 Replacement 
Volume and 1979 Cumulative Supplement), as amended 
(the "Act"), and under and pursuant to Ordinance No. 
.... of the Issuer, approved by the Mayor of the Issuer on 
(the "Ordinance") , and by a resolu- 
tion adopted by the Board of Finance of the Issuer on 
(the "Resolution") . for the purpose 



^ 



ORDINANCES 269 

of financing the acquisition of a certain industrial building 
by Chesapeake Venture, Inc., a Maryland corporation (the 
"Borrower"), to be located in the City of Baltimore, Mary- ;;. 

land (the ''Industrial Building"). "y. 

The proceeds of the 1980 Series Bonds are being loaned 
to the Borrower by the Issuer under a Loan Agreement /* 

dated as of , 1980, between the Borrower fc 

and the Issuer (the ''Loan Agreement") . 

The 1980 Series Bonds are issued under a Trust Agree- 
ment dated as of , 1980, between the 

Issuer and the Trustee (the "Trust Agreement"), and, to 
the extent provided therein, are, together with all other 
bonds that may be issued thereunder, equally and ratably 
secured and entitled to the protection given by the Trust 
Agreement. Pursuant to the Trust Agreement, the Issuer 
has assigned to the Trustee (among other things) the "Re- 
ceipts and Revenues of the Issuer from the Loan", which 
term is used herein as defined in the Trust Agreement and 
which as therein defined includes all the payments payable 
to the Issuer pursuant to the Loan Agreement and all other 
revenues of the Issuer attributable to the financing of the 
Industrial Building (excepting only the rights of the Issuer 
to indemnification by the Borrower and to payments to the 
Issuer for expenses incurred by the Issuer itself) . 

Pursuant to the Loan Agreement, payments sufficient 
for the prompt payment when due of the principal of. 
premium, if any, and interest on the 1980 Series Bonds 
are to be paid to the Trustee for the account of the Issuer 
and deposited in a special account created by the Issuer and 
designated "1980 Baltimore City, Mar>iand, Industrial De- 
velopment Revenue Bond Fund — Chesapeake Venture, Inc. 
Project" (the "Bond Fund") and have been assigned for 
that purpose. 

As more fully provided in the Trust Agreement, the 1980 
Series Bonds do not constitute an indebtedness or obligation 
to which the faith and credit of the Issuer are pledged but 
are limited obligations of the Issuer, which is obligated to 
pay the principal of, the interest on, and the redemption 
premium (if any) on, the 1980 Series Bonds only out of the 
Receipts and Revenues of the Issuer from the Loan. The 
1980 Series Bonds may also be paid out of any other 



260 ORDINANCES Ord. No. 38 

moneys made available to the Issuer or the Trustee for 
the payment thereof. By the teiTns of the Act, the principal 
of, the interest on, or the redemption premium (if any) on, 
this bond, do not, and shall not ever, constitute an in- 
debtedness or charge against the general credit or taxing 
powers of the Issuer within the meaning of any constitu- 
tional or charter provision or statutoiy limitation and shall 
not constitute or give rise to any pecunian^ liabilit>^ of the 
Issuer. 

Reference is hereby made to the Trust Agreement for a 
full and complete statement of the provisions with respect 
to the custody and application of the proceeds of the 1980 
Series Bonds, the collection and disposition of the Receipts 
and Revenues of the Issuer from the Loan assigned as 
security for the payment of the 1980 Series Bonds and 
the interest thereon, the nature and extent of the security 
and the rights of the holders of the 1980 Series Bonds, the 
terms and conditions on which, and the purposes for which, 
the 1980 Series Bonds are issued and the rights, duties and 
obligations of the Issuer and the Trustee thereunder, to 
all of which the holder hereof, by acceptance of this bond, 
assents. 

As provided in the Trust Agreement, bonds of other 
series ranking on a parity with the 1980 Series Bonds may 
be issued, and such additional bonds may vary in such 
manner as is provided and permitted in the Tinist Agree- 
ment. 

The 1980 Series Bonds are issuable in the form of fully 
registered installment bonds without coupons in the denom- 
ination of $ each or integral multiples 

thereof each bearing an attached schedule indicating the 
amount of each installment and the date on which the 
same is due and payable. 

In the manner and with the effect provided in the Trust 
Agreement, the 1980 Series Bonds will be subject to re- 
demption prior to maturity, as follows: 

(a) The 1980 Series Bonds may be redeemed, at the 

option of the Issuer, prior to maturity, on or after 

on any interest payment date, either as a whole at any 
time or in part from time to time in multiples of $ , 



ORDINANCES 261 

at a redemption price equal to the principal amount thereof 
to be redeemed, together with unpaid interest accrued to 
the date fixed for redemption, without payment of premium 
or penalty, by application of moneys available for that 
purpose other than moneys to be applied as provided in 
(b) below; provided, that any partial redemption shall 
be made pro rata in accordance with the aggregate prin- 
cipal amount of 1980 Series Bonds at the time outstand- 
ing held by each holder and shall be applied to the principal 
to be redeemed under the 1980 Series Bonds in the inverse 
order of the installment payment dates. 

(b) The 1980 Series Bonds shall be redeemed, as a whole 
but not in part, at a redemption price equal to the prin- 
cipal amount thereof, together with unpaid interest ac- 
crued to the date fixed for redemption, upon the Borrower's 
exercise of its option to terminate the Loan Agreement 
pursuant to the provisions of Article XVI thereof, which 
provisions permit such termination in the event that (i) 
the Industrial Building shall have been damaged or de- 
stroyed; (ii) title to or temporary use of the Industrial 
Building shall have been taken under the exercise of the 
power of eminent domain; (iii) as a result of federal, 
state or local constitutional, legislative, administrative or 
judicial action the Loan Agreement shall have become void, 
unenforceable, or impossible of perfoiTnance; or (iv) the 
Borrower's use and occupancy of the Industrial Building 
or any part thereof shall have become legally curtailed. 

(c) Any 1980 Series Bond shall be subject to manda- 
tor>' redemption as a whole but not in part at any time 

after , 19. . , at the option of the holder of 

such 1980 Series Bond at a redemption price equal to the 
unpaid principal amount thereof, ^^^thout payment of pre- 
mium or penalty, together with all unpaid interest accrued 
to the date fixed for redemption if the holder of such 1980 
Series Bond demands that such 1980 Series Bond be re- 
deemed by delivering written notice of such demand for 
redem.ption to the Trustee and the Borrower at least thirty 
(30) days prior to the date fixed for redemption. 

If less than all of the 1980 Series Bonds at the time 
outstanding shall be called for redemption, the portions 
of the 1980 Series Bonds to be redeemed shall be selected 
by the Trustee on a proportional basis as provided in the 



262 ORDINANCES Ord. No. 38 

Trust Agreement. Any such redemption, either in whole 
or in part, shall be made upon at least 30 days' prior 
written notice in the manner and upon the terms and 
conditions provided in the Trust Agreement. If this bond 
or any poi*tion hereof shall have been duly called for re- 
demption and pa\Tnent of the redemption price, together 
with unpaid interest accrued to the date fixed for redemp- 
tion, shall have been made or pro\ided for, all as more 
fully set forth in the Trust Agreement, interest on this 
bond or such portion hereof shall cease to accrue from 
the date fixed for redemption, and from and after such 
date this bond or the portion hereof duly called for re- 
demption shall no longer be entitled to any benefit or se- 
curity under the Trust Agreement, and. except as pro\ided 
in Section .... of the Loan Agreement, the registered 
owner hereof shall have no rights in respect of this bond 
or such portion hereof so called for redemption except to 
receive pa\Tnent of such Redemption Price and unpaid 
interest accrued to the date fixed for redemption. If a 
portion of this bond shall be called for redemption, a new 
bond in principal amount equal to the unredeemed portion 
hereof will be issued to the i*egistered o\vTier upon the 
surrender hereof. 

If at the time of a call for prior redemption, bonds of 
other series ranking on a parity \\ith the 1980 Series Bonds 
should be outstanding and included in the call for prior 
redemption, moneys in the Bond Fund shall be applied to 
the retirement of the bonds of each series then outstanding 
under the Trust Agreement in proportion (as nearly as 
practicable) to the aggregate principal amount of bonds of 
each such series issued under the Tinist Agreement and 
then outstanding. 

In certain events, on the conditions, in the manner and 
with the effect set forth in the Trust Agreement, the prin- 
cipal of the 1980 Series Bonds then outstanding under the 
Trust Agreement may become or may be declared due and 
payable before the stated maturity thereof, together with 
the interest accrued thereon. 

The holder of this bond shall have no right to enforce 
the provisions of the Trust Agreement, or to institute ac- 
tion to enforce the covenants therein, or to take any action 
with respect to any default under the Trust Agreement, 



ORDINANCES 263 

or to institute, appear in or defend any suit or other pro- 
ceeding with respect thereto, except as provided in the 
Trust Agreement. 

This bond shall be registered on the books of the Issuer 
to be kept for that purpose at the office of the Director of 
Finance of the Issuer. This bond shall be transferable only 
upon such books at such office by the registered owner or 
by its duly authorized officer or attorney. This bond, upon 
surrender hereof at the office of the Director of Finance 
of the Issuer with a written instrument of transfer satis- 
factory to the Director of Finance of the Issuer, duly 
executed by the registered owner hereof or his duly author- 
ized attorney, may, at the option of the registered owner, 
be exchanged for an equal aggregate principal amount of 
1980 Series Bonds of authorized denominations. Such trans- 
fers or exchanges shall be without charge to the registered 
owner hereof, but any taxes or other governmental charges 
required to be paid with respect to the same shall be paid 
by the registered owner requesting such transfer or ex- 
change as a condition precedent to the exercise of such 
privilege. 

The Issuer and the Trustee may deem and treat the per- 
son in whose name this bond is registered as the absolute 
o\vner hereof for all purposes; and neither the Issuer nor 
the Trustee shall be affected by any notice to the contrary. 

All acts, conditions and things required by the Constitu- 
tion and statutes of the State of Maryland, the Ordinance, 
the Resolution and the Trust Agi'eement to exist, to have 
happened and to have been performed precedent to and 
in the issuance of this bond, do exist, have happened and 
have been performed. 

No covenant or agreement contained in this bond or the 
Trust Agreement shall be deemed to be a covenant or agree- 
ment of any officer, agent or employee of the Issuer in his 
or her individual capacity, and neither the members of the 
City Council of Baltimore nor any official executing this 
bond shall be liable personally on this bond or be subject 
to any personal liability or accountability by reason of the 
issuance of this bond. 

This bond shall not be entitled to any benefit under the 
Trust Agi'eement, or be valid or become obligatoiy for any 



264 ORDINANCES Ord. No. 38 

purpose, until this bond shall have been authenticated by 
the execution by the Trustee, or its successor as Trustee, 
of the Certificate of Authentication inscribed hereon. 

IN WITNESS WHEREOF, the Issuer has caused this 
bond to be executed in its name and on its behalf by its 
Mayor by his manual or facsimile sig-nature, and by its 
Director of Finance, by his manual or facsimile signature, 
and has caused its corporate seal or a facsimile thereof to 
be impressed or othen\ase reproduced hereon, and attested 
by its Custodian of the City Seal, by his manual signature, 
all as of the .... day of ,19 

MAYOR AND CITY COUNCIL 
OF BALTIMORE 

[SEAL] By 

Mayor 
ATTEST: 

By 

Custodian of the City Seal Director of Finance 

(FORM OF TRUSTEE'S CERTIFICATE OF 

AUTHENTICATION TO BE ENDORSED ON 

ALL BONDS) 

This Bond is one of the Bonds of the 1980 Series Bonds 
described in the Trust Agreement referred to in this Bond. 



as Trustee 

By 

Authorized Signature 



Sec. 6. And be it further ordained, That the Bonds shall 
be executed in the name of the City and on its behalf by 
the Mayor of the City, by his manual or facsimile signa- 
ture, and by the Director of Finance of the City, by his 
manual or facsimile signature, and the corporate seal of 
the City or a facsimile thereof shall be impressed or other- 
wise reproduced thereon and attested by the Custodian of 
the City Seal, by his manual signature. The Loan Agree- 
ment, the Trust Agreement and, where applicable, all other 
documents as the Board shall deem necessary to effectuate 
the issuance, sale and delivery of the Bonds, shall be ex- 



ORDINANCES 266 

ecuted in the name of the City and on its behalf by the 
Mayor of the City by his manual or facsimile signature, 
and the corporate seal of the City or a facsimile thereof 
shall be impressed or othersvise reproduced thereon and at- 
tested by the Custodian of the City Seal by his manual sig- 
nature. In case any officer whose signature or a facsimile of 
whose signature shall appear on the Bonds or any of the 
aforesaid documents shall cease to be such officer before 
the delivery of the Bonds or any of the other aforesaid doc- 
uments, such signature or such facsimile shall nevertheless 
be valid and sufficient for all purposes, the same as if such 
officer had remained in office until delivery. The Mayor of 
the City, the Director of Finance of the City, the Custodian 
of the City Seal and other officials of the City are hereby 
authorized and empowered to do all such acts and things 
and execute such documents and certificates as the Board 
may determine in the Resolution to be necessary to carrj^ 
out and comply with the provisions hereof. 

Sec. 7. And be it further ordained, That the Bonds shall 
be executed, issued and delivered at any time or from 
time to time and in such amount or amounts not exceed- 
ing, in the aggregate, the principal amount of $1,550,000, 
as the Board shall prescribe in the Resolution. 

Sec. 8. And he it further ordained. That the Bonds may 
be dated, may be in such denominations, may be of such 
tenor (not inconsistent \^dth the applicable form of the 
Bonds set forth in Section 5 of this Ordinance) , and may be 
payable in such amounts at such times not exceeding 30 
years from the date thereof and at such place or places as 
the Board shall prescribe in the Resolution. 

Sec. 9. And he it further ordained, That the Bonds will be 
subject to redemption prior to maturity upon substantially 
the ternis and conditions contained in the fonn of the 
Bonds set forth in Section 5 of this Ordinance and upon 
such other terms and conditions as the Board shall pre- 
scribe in the Resolution. 

Sec. 10. And he it further ordained. That prior to the is- 
suance, sale and delivery of any of the Bonds, the Board 
shall adopt the Resolution pursuant to which the Board 
may: 



266 ORDINANCES Ord. No. 38 

(a) prescribe the final form, tenor, terms and conditions 
of and security for the Bonds; 

(b) prescribe the actual amounts, rate or rates of in- 
terest (within the limits herein prescribed), denominations, 
date, actual maturity or maturities (within the limits here- 
in prescribed), and the place or places of pa\Tnent of the 
Bonds, and the final terms and conditions and details under 
which the Bonds may be called for redemption prior to 
their stated maturity ; 

(c) approve the form and contents, and authorize the 
execution and delivery (where applicable) of (i) the Loan 
Agreement, (ii) the Trust Agreement and (iii) such other 
documents, including- (without limitation) mortgages, deeds 
of trust, guaranties and security instniments as the Board 
shall deem necessary to effectuate the issuance, sale and 
delivery of the Bonds; 

(d) determine the time or times of execution, issuance, 
sale and deliveiy of the Bonds and prescribe any and all 
other details of the Bonds; 

(e) provide for the direct payment by the Borrower of 
all costs, fees and expenses incurred by or on behalf of the 
City in connection with the issuance, sale and delivery of 
the Bonds, including (without limitation) costs of printing 
(if any) and issuing the Bonds, legal expenses (including 
the fees of Bond Counsel) and compensation to any person 
(other than full time employees of the City) performing 
sei'\'ices by or on behalf of the City in connection therewith; 
and 

(f) do any and all things, and authorize the officials of 
the City to do any and all things, necessar\% proper or expe- 
dient in connection with the issuance, sale and delivery of 
the Bonds. 

Sec. 11. A7id be it further ordained. That the Loan Agree- 
ment shall contain such teims, provisions and conditions as 
the Board shall prescribe in the Resolution. 

Sec. 12. And be it further ordained. That the Trust 
Agreement shall contain such tenris, provisions and condi- 
tions as the Board shall prescribe in the Resolution for the 



ORDINANCES 267 

protection and enforcement of the rights and remedies of 
the holders of the Bonds. 

Sec. 13. And be it further ordained, That, as authorized 
by the Act, the Bonds shall be sold by private (negotiated) 
sale upon such terms and conditions as shall be approved 
by the Board in the Resolution. 

Sec. 14. And he it further ordained, That neither the 
Bonds nor the interest thereon shall ever constitute an 
indebtedness or general obligation of the City or a charge 
against the general credit or taxing powers of the City 
within the meaning of any constitutional or charter pro- 
vision or statutory limitation, and neither shall ever con- 
stitute or give rise to any pecuniary liability on the part of 
the City. The Bonds, and the interest thereon, shall be 
limited obligations of the City, the principal of and interest 
on which Bonds shall be payable by the City solely from 
the revenue derived from Loan repayments (both principal 
and interest) made to the City by the Borrower on account 
of the Loan and, to the extent provided by the Board in the 
Resolution, from the proceeds of the Bonds, and from any 
other moneys made available to the City for such purpose. 
The proceeds of the Bonds will be deposited with the 
Trustee to be held and disbursed by the Trustee as provided 
in the Trust Agreement to be approved by the Board in the 
Resolution. Payments of the principal of and premium (if 
any) and interest on the Loan will be paid by the Borrower 
directly to the Trustee or the holders of the Bonds as pro- 
vided in the Trust Agreement to be approved by the Board 
in the Resolution. No such moneys will be commingled with 
the City's funds or will be subject to the absolute control 
of the City, but will be subject only to such limited super- 
vision and checks as are deemed necessary or desirable 
by the City to insure that the proceeds of the Bonds are 
used to accomplish the public purposes of the Act and 
this Ordinance. 

Sec. 15. And he it further ordained, That in considera- 
tion of the purchase and acceptance of the Bonds by those 
who shall hold the Bonds from time to time, the City does 
hereby, and by the execution and delivery of the Trust 
Agreement to be approved by the Board, shall pledge the 



268 ORDINANCES Ord. No. 38 

income and revenue under the Loan Ag'reement (other 
than payments to the City for indemnification or to reim- 
burse the City for expenses incurred by the City itself) 
to the Trustee, its successors and assigns, to be used and 
applied for the payment of the principal of and premium 
(if any) and interest on the Bonds. Pursuant to the terms 
of the Loan Agreement, to be approved by the Board in 
the Resolution, payments suflficient for the prompt pay- 
ment when due of the principal of, premium, if any, and 
interest on the Bonds are to be paid by the Borrower 
directly to the Trustee, as provided in the Trust Agree- 
ment to be approved by the Board in the Resolution, for 
the account of the City, and such payments shall be as- 
signed by the City to the Trustee, its successors and as- 
signs, as provided in the Trust Agreement. 

Sec. 16. And be it further ordained, That the Borrower 
shall agree that : 

(a) It will submit any plans and specifications for the 
acquisition of the Industrial Building to the Department 
of Housing and Community Development for approval, 
with the understanding that, in addition to the economic 
feasibility of the acquisition of the Industrial Building, 
the Department of Housing and Community Development 
may consider, -wathout limitation, the suitability of the 
site plan, architectural treatment, building plans, eleva- 
tions, materials, color construction details, access, parking, 
loading, landscaping, identification signs, exterior lighting, 
refuse collection details, streets, sidewalks, and harmony 
between the plans and the surroundings of the proposed 
Industrial Building and that the Department of Housing 
and Community Development may refuse approval of any 
such plans and specifications for aesthetic or functional 
reasons; and 

(b) It and its developers will work with the design 
advisory group appointed by the Department of Housing 
and Community Development in order fto achieve high 
quality site, building, and landscape design. 

Sec. 17. And be it further ordained, That the provisions 
of this Ordinance are severable, and if any provision, sen- 
tence, clause, section or part hereof is held illegal, invalid 



ORDINANCES 269 

or unconstitutional or inapplicable to any person or circum- 
stances, such illegality, invalidity or unconstitutionality, or 
inapplicability shall not affect or impair any of the remain- 
ing provisions, sentences, clauses, sections, or parts of this 
Ordinance or their application to other persons or circum- 
stances. It is hereby declared to be the legislaitive intent 
that this Ordinance would have been passed if such illegal, 
invalid or unconstitutional provision, sentence, clause, sec- 
tion or part had not been included herein, and if the per- 
son or circumstances to which this Ordinance or any part 
hereof are inapplicable had been specifically exempted here- 
from. 

Sec. 18. And be it further ordained, That if the Bonds 
are not issued and sold within six months from the date 
on which this Ordinance is approved by the Mayor of the 
City, the authorization provided in this Ordinance for the 
City to issue and sell the Bonds shall expire; provided 
however, that the Board of Finance of the City, may after 
a showing of good cause at a public hearing held before 
the Board of Finance, extend such authorization for one 
additional term not to exceed six months. The Board of 
Finance, in its sole discretion shall determine the suffi- 
ciency, or lack thereof, of the reasons presented for any 
requested extension of this Ordinance. If an extension is 
granted, notice of such extension and the reasons therefor 
must be sent to the City Council. 

Sec. 19. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved March 28, 1980. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 39 
(Council No. 7) 

AN ORDINANCE concerning 
REZONIN G 1800 1806 THROUGH 1820 Thames Street 



270 ORDINANCES Ord. No. 39 

FOR the purpose of changing the zoning for the property 
known as iSOO 1806 THROUGH 1820 Thames Street 
from the M-3 Zoning District to the B-1-3 Zoning Dis- 
trict as outlined in red on the plats accompanying this 
ordinance. 

BY amending Zoning District Maps 
Sheet No. 67 
Article 30 — Zoning 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheet No. 67 of the Zoning District Maps 
of Article 30 of the Baltimore City Code (1976 Edition, as 
amended) title "Zoning" be and it is hereby amended by 
changing from the M-3 Zoning District to the B-1-3 Zoning 
District the property known as iSOO 1806 THROUGH 1820 
Thames Street, as outlined in red on the plats accompany- 
ing this ordinance. 

Sec. 2. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the IMayor approves the or- 
dinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of the 
plats to the follo\\dng: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of 
the Department of Housing and Community Development 
and the Zoning Administrator. 

Sec. 3. And be it further ordained. That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved April 21, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 271 

No. 40 
(Council No. 43) 

AN ORDINANCE conceniing an easement 

FOR the purpose of granting the Chesapeake and Potomac 
Telephone Company a 12 foot easement over school num- 
ber 105 Frankford Avenue vicinity Moravia Park Drive. 

BY authority of 

Article V — Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be and 
he is hereby authorized to grant unto the Chesapeake and 
Potomac Telephone Company an easement 12 foot wide 
together with a construction easement in and through that 
parcel of land situate in Baltimore City, State of Maryland, 
and described as follows : 

a right-of-way easement to construct, operate, maintain, 
enlarge, replace and remove telecommunication systems, in- 
cluding the necessary manholes, conduit, underground and 
buried cables, and all appurtenances thereto in, through, 
over and across the property of the undersigned within the 
easement described herein. 

BEING an easement twelve (12) feet wide more par- 
ticularly described herein: 

BEGINNING for the same at a point on the west side of 
Frankford Avenue, distant 494.67 feet northwesterly from 
the comer formed by the intersection of the west side of 
Frankford Avenue, as laid out and now existing sixty feet 
wide, and the north side of Moravia Park Drive, as laid out 
and now existing one hundred feet wide, said point being 
on and distant 1.77 feet from the end of the First Line of a 
deed dated December 12, 1972, recorded among the Land 
Records of Baltimore City, Maryland in Liber R.H.B. No. 
2976 at Folio 29 which was conveyed by The Cosmo Com- 
pany to The Mayor and City Council of Baltimore and run- 
ning thence binding along part of the First Line and along 



272 ORDINANCES Ord. No. 40 

part of the Second Line of tlie herein above mentioned deed 
and along the aforesaid west side of Frankford Avenue the 
two (2) following courses and distances, viz. : 

( 1 ) South 11°05'40" East 1.77 feet, and 

(2) 13.23 feet in a southerly direction along the arc of 
a curve to the right having a radius of 600.00 feet and a 
long chord bearing South 10°28'23" East 13.23 feet to a 
point thereon, thence leaving said Second Line and the 
aforesaid west side of Frankford Avenue and running 
within the outlines of the Grantor the three (3) following 
courses and distances, viz. : 

( 1 ) South 79°27'10" West 12.00 feet, 

(2) North 10°32'50" West 15.00 feet, and 

(3) North 79°27'10" East 12.00 feet to the point of 
beginning, containing 180 square feet or 0.004 acres of 
land more or less. 

TOGETHER with a ten (10) feet wide construction ease- 
ment lying southerly, westerly and northerly, adjacent, con- 
tiguous and parallel to all of the Third, Fourth and Fifth 
(Last) Lines of the herein above described easement. 

TOGETHER with the right of ingress and egress to said 
system to all times for the safe and proper operation and 
maintenance thereof. 

The exclusive use of land within the easement and right 
of way areas being no longer needed by the Mayor and City- 
Council of Baltimore. 

Sec. 2. And be it further ordained, That after said ease- 
ment shall have been granted under the provisions of this 
ordinance, all subsurface structures and appurtenances now 
owned by the IMayor and City Council of Baltimore, shall 
be and continue to be the property of the Mayor and City 
Council of Baltimore, in fee simple, until the use thereof 
shall be abandoned by the IMaj^or and City Council of Bal- 
timore, and in the event that any i^erson, firm or corporation 
shall desire to remove, alter or interfere therewith, such 
pei*son, firm or corporation shall first obtain permission and 
pei-mits therefrom from the Mayor and City Council of Bal- 



ORDINANCES 273 

timore, and shall in the application for such permission 
and permits agree to pay all costs and charges of every 
kind and nature made necessary by such removal, altera- 
tion and interference. 

Sec. 3. And be it further ordained, That no deed or deeds 
pass in accordance herewith until the same shall have first 
been approved by the City Solicitor. 

Sec. 4. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 21, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 41 

(Council No. 58) 

AN ORDINANCE concerning 

CITY STREETS— OPENING CERTAIN STREETS, 

ALLEYS OR PORTIONS THEREOF IN THE 

UPPER FELLS POINT PROJECT 

FOR the purpose of condemning and opening certain 
streets and alleys or portions thereof lying within the 
area of the Upper Fells Point Project in accordance with 
a plat thereof numbered 337-A-15, prepared by the Sur- 
veys and Records Division and filed in the Office of the 
Department of Public Works, on the Twelfth (12th) day 
of November, 1979 and now on file in said office. 

BY authority of 

Article I — General Provisions 

Section — 4 

Article II — General Provisions 

Sections— 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 



274 ORDINANCES Ord. No. 41 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, 
and they are hereby authorized and directed to condemn, 
open, cei-tain streets and alleys or portions thereof lying 
within the area of the Upper Fells Point Project the 
streets and alleys hereby directed to be condemned for 
said opening being described as follows : 

Sheet 1 of 1 comprising certain streets and alleys lying 
within the area bounded by Baltimore Street, Washington 
Street, Fairmount Avenue, and Chester Street; said streets 
and alleys are numbered from one to five on said sheet 1 
and described as follows: 

1. An alley, 10 feet wide, laid out in the rear of the 
properties knowTi as No. 2001 through and including No. 
2031 E. Fail-mount Avenue and extending from Castle 
Street, westerly 80 feet, more or less, to a 20 foot alley laid 
out in the rear of the properties known as No, 6 through 
and including No. 24 North Castle Street and designated as 
Parcel No. 1. 

2. Castle Street, 20 feet wide, beginning at the point 
formed by the intersection of the west side of said Castle 
Street and the north side of Moyer Street and extending. 
Northerly 127.5 feet, more or less, to the south side of a 
proposed 16 foot alley to be laid out 78.75 feet southerly 
from Fairmount Avenue and designated as Parcel No. 2. 

3. An alley, varying in width from 10 feet to 7.5 feet, 
laid out 133 feet west of Chester Street, beginning at the 
point formed by the intersection of the west side of said 
alley and the south side of a proposed 16 foot alley to be 
laid out 78.75 feet southerly from Fairmount Avenue 
and extending, Southerly 80 feet, more or less, to the end 
thereof and designated as Parcel No. 3. 

4. An alley, 5 feet wide, laid out 55 feet east of Castle 
Street and extending from Moyer Street, Northerly 58.5 
feet, more or less, to the end thereof and designated as 
Parcel No. 4. 

5. An alley, 3 feet wide, laid out 84.5 feet west of 
Chester Street and extending from Moyer Street, North- 
erly 44.5 feet, more or less, to the end thereof and desig- 
nated as Parcel No. 5. 



ORDINANCES 275 

the said streets and alleys as directed to be condemned 
being more particularly described and referred to among 
the Land Records of Baltimore City and delineated and 
particularly showTi on a plat numbered 337-A-15 which 
was filed in the Office of the Department of Public Works 
on the twelfth (12) day of November in the year 1979, 
and is now on file in said Office. 

Sec. 2. And be it further ordained, That the proceedings 
of said Department of Public Works, with reference to the 
condemnation and opening of said streets and alleys and 
the proceedings and rights of all parties interested or 
affected thereby, shall be regulated by, and be in accord- 
ance with, any and all applicable provisions of Article 
4 of the Code of Public Local Laws of Maryland and the 
Charter of Baltimore City (1964 Revision) as amended 
to July 1, 1973 and any and all amendments thereto, and 
any and all other Acts of the General Assembly of Mary- 
land, and any and all ordinances of the Mayor and City 
Council of Baltimore, and any and all rules or regulations 
in effect which have been adopted by the Director of Pub- 
lic Works and filed with the Department of Legislative 
Reference. 

Sec. 3. And he it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved April 21, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 42 
(Council No. 59) 

AN ORDINANCE concerning 

CITY STREETS— CLOSING CERTAIN STREETS, 

ALLEYS OR PORTIONS THEREOF IN THE 

UPPER FELLS POINT PROJECT 

FOR the purpose of condemning and closing certain streets 
and alleys or portions thereof lying within the area of 



276 ORDINANCES Ord. No. 42 

the Upper Fells Point Project in accordance with a plat 
thereof numbered 337-A-15A, prepared by the Surveys 
and Records Division and filed in the Office of the De- 
partment of Public Works, on the Twelfth (12th) day 
of November, 1979 and now on file in said office. 

BY authority of 

Article I — General Provisions 

Section — 4 

Article II — General Provisions 

Sections— 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, 
and they are hereby authorized and directed to condemn, 
close, certain streets and alleys or portions thereof lying 
within the area of the Upper Fells Point Project the 
streets and alleys hereby directed to be condemned for 
said closing being described as follows: 

Sheet 1 of 1 comprising certain streets and alleys lying 
within the area bounded by Baltimore Street, Washington 
Street. Fairmount Avenue, and Chester Street; said streets 
and alleys are numbered from one to five on said sheet 1 
and described as follows : 

1. An alley, 10 feet wide, laid out in the rear of the 
properties known as No. 2001 through and including No. 
2031 East Fairmount Avenue and extending from Castle 
Street westerly 80 feet, more or less, to a 20 foot alley 
laid out in the rear of the properties known as No. 6 through 
and including No. 24 North Castle Street and designated 
as Parcel No. 1. 

2. Castle Street, 20 feet wide, beginning at the point 
formed by the intersection of the west side of said Castle 
Street and the north side of Moyer Street and extending, 
Northerly 127.5 feet, more or less, to the south side of a 
proposed 16 foot alley to be laid out 78.75 feet southerly 
from Fairmount Avenue and designated as Parcel No. 2. 

3. An alley, varying in width from 10 feet to 7.5 feet, 
laid out 133 feet west of Chester Street, beginning at the 
point formed by the intersection of the west side of said 



ORDINANCES 277 

alley and the south side of a proposed 16 foot alley to be 
laid out 78.75 feet southerly from FaiiTnount Avenue and 
extending, Southerly 80 feet, more or less, to the end thereof 
and designated as Parcel No. 3. 

4. An alley, 5 feet wide, laid out 55 feet east of Castle 
Street and extending from Moyer Street, Northerly 58.5 
feet, more or less, to the end thereof and designated as 
Parcel No. 4. 

5. An alley, 3 feet wide, laid out 84.5 feet west of Chester 
Street and extending from Moyer Street, Northerly 44.5 
feet, more or less, to the end thereof and designated as 
Parcel No. 5. 

the said streets and alleys as directed to be condemned 
being more particularly described and referred to among 
the Land Records of Baltimore City and delineated and 
particularly shown on a plat numbered 337-A-15A which 
was filed in the Office of the Department of Public Works 
on the twelfth (12) day of November, in the year 1979 
and is now on file in the said Office. 

Sec. 2. And be it further ordained, That after said high- 
way or highways shall have been closed under the provisions 
of this Ordinance, all subsurface structures and appurte- 
nances now owned by the Mayor and City Council of Balti- 
more, shall be and continue to be the property of the Mayor 
and City Council of Baltimore, in fee simple, until the use 
thereof shall be abandoned by the Mayor and City Council 
of Baltimore, and in the event that any person, firm or 
corporation shall first obtain permission and permits there- 
for from the Mayor and City Council of Baltimore, and 
shall in the application for such permission and permits 
agree to pay all costs and charges of every kind and nature 
made necessary by such removal, alteration or interference. 

Sec. 3. And be it further ordained, That no buildings or 
structures of any kind shall be constructed or erected in 
said portion of said highway or highways after the same 
shall have been closed under the provisions of this Ordi- 
nance until the subsurface structures and appurtenances 
now owned by the Mayor and City Council of Baltimore, 
over which said buildings or structures are proposed to be 



278 ORDINANCES Ord. No. 42 

constructed or erected shall have been abandoned or shall 
have been removed and relaid in accordance with the speci- 
fications and under the direction of the Director of Public 
Works of Baltimore City, and at the expense of the person 
or persons or body corporate desiring- to erect such build- 
ings or structures. Railroad tracks shall be taken to be 
"structures" within the meaning of this section. 

Sec. 4. And be it further ordained, That after said high- 
way or highways shall have been closed under the provi- 
sions of this Ordinance, all subsurface structures and appur- 
tenances owned by any person, firm or corporation, other 
than the Mayor and City Council of Baltimore, shall upon 
notice from the Director of Public Works of Baltimore City, 
be promptly removed by and at the expense of the said 
owners. 

Sec. 5. And he it further ordained, That on and after the 
closing of said highway or highways, the said IMayor and 
City Council of Baltimore, acting through its duly author- 
ized representatives, shall, at all times, have access to said 
property and to all subsurface structures and appurtenances 
used by it therein, for the purposes of inspection, main- 
tenance, repair, alteration, relocation and/or replacement, 
of any or all of said structures and appurtenances, and this 
without peiTnission from or compensation to the owner or 
owners of said land. 

Sec. 6. And he it further ordained, That the proceedings 
of said Department of Public Works with reference to the 
condemnation and closing of said streets and alleys and the 
proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, 
any and all applicable provisions of Article 4 of the Code 
of Public Local Laws of Marjiand and the Charter of 
Baltimore City (1964 Revision) as amended to July 1, 1973 
and any and all amendments thereto, and any and all 
other Acts of the General Assembly of Mar\iand, and any 
and all ordinances of the Mayor and City Council of Balti- 
more, and any and all rules or regulations in effect which 
have been adopted by the Director of Public Works and 
filed w^ith the Department of Legislative Reference. 



ORDINANCES 279 

Sec. 7. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved April 21, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 43 
(Council No. 77) 

AN ORDINANCE concerning 

CITY PROPERTY— ACQUISITION 

FOR the pui-pose of authorizing the Mayor and City Coun- 
cil of Baltimore to acquire by purchase or condemna- 
tion, for the purpose of a play field facility for the 
new Southern High School, all property interests in 
those lots of ground and premises bounded generally 
on the north by Ostend Street, on the east by Coving- 
ton Street, on the south by Gittings Street and on the 
west by a 10' alley. 

BY authority of 

Article V — Comptroller — Section 5(a) 
Article II — General Provisions — Section 2 
Baltimore City Charter (1964 Revision as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That it is necessary to acquire by purchase 
or condemnation for the purpose of a play field facility 
for the new Southern High School, all property interests 
in and to those lots of ground and premises bounded gen- 
erally on the north by Ostend Street, on the east by Cov- 
ington Street, on the south by Gittings Street and on the 
west by a 10' allev, as showTi on City Block Plat 1925A, 
Lots 33/34, 35, 36, 37/39, 42, 43, 27A, 27B and 27C and 
described as follows: 

PARCEL NO. 1 

BEGINNING for the first at the point formed by the 
intersection of the south side of Ostend Street, as now 



280 ORDINANCES Ord. No. 43 

laid out 16.5 feet wide, and the west side of Covington 
Street, as now laid out 66 feet wide, and running thence 
binding on the west side of said Coving-ton Street, South- 
erly 271 feet, more or less, to intersect the north side of 
Gittings Street, as now laid out 49.5 feet wide; thence 
binding on the north side of said Gittings Street, Westerly 
171 feet, more or less, to intersect the east side of Henry 
Street, as now laid out; thence binding on the east side 
of said Henry Street, Northerly 264 feet, more or less, 
to intersect the south side of said Ostend Street and thence 
binding on the south side of said Ostend Street, Easterly 
237 feet, more or less, to the place of beginning. 

PARCEL NO. 2 

BEGINNING for the second at the point formed by the 
intersection of the south side of Ostend Street, as now 
laid out 16.5 feet wide, and the west side of Henry Street, 
as now laid out, and running thence binding on the west 
side of said Henry Street, Southerly 113 feet, more or 
less, to the south outline of the property being herein de- 
scribed kno\vn as No. 1240-1250 Henry Street; thence 
binding on the south outline of said property, Westerly 
103 feet, more or less, to the east side of an alley, 10 feet 
wide; thence binding on the east side of said alley, North- 
erly 113 feet, more or less, to intersect the south side of 
said Ostend Street and thence binding on the south side 
of said Ostend Street, Easterly 103 feet, more or less, to 
the place of beginning. 

TOGETHER with all right, title, interest and estate 
that the owner or owners of said property interests may 
have in all streets, alleys, ways or lanes, public or private, 
both abutting the whole area described and/or contained 
within the perimeter of said area. 

Sec. 2. Be it further ordained. That the Department 
of Real Estate of Baltimore City, or such other person 
or agency as the Board of Estimates may hereafter from 
time to time designate, is hereby authorized to negotiate 
and acquire on behalf of the Mayor and City Council of 
Baltimore, and for the pui-poses described in this ordi- 
nance, all property interests in and to said lots of ground 
and premises. If the said Department of Real Estate 



ORDINANCES 281 

or the person or agency otherwise provided for by the 
Board of Estimates, under the authority of Section 5(a), 
Article V of the Baltimore City Charter (1964), is or are 
unable to agree with the owner or owners on the purchase 
price for their interest in said lots of ground and premises, 
it or they shall forthwith notify the City Solicitor of 
Baltimore City, who shall thereupon institute the name 
of the Mayor and City Council of Baltimore the necessary 
legal proceedings to acquire by condemnation such prop- 
erty interests in and to said lots of ground and premises 
herein described. 

Sec. 3. And be it further ordained, That the proceedings 
for the acquisition by condemnation of the property and 
rights herein described and the rights of all parties in- 
terested or affected thereby shall be regulated by and be 
in accordance with the provisions of Title XII of the Real 
Property Article of the Code of Public General Laws of 
the State of Maryland, and any and all amendments 
thereto. 

Sec. 4. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 21, 1980. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 44 
(Council No. 103) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION- 
DEPARTMENT OF RECREATION AND PARKS 

FOR the purpose of providing a supplementary special fund 
appropriation in the amount of Seven Hundred Fifty- 
Nine Thousand Six Hundred Twenty-One Dollars ($759,- 
621) to the Department of Recreation and Parks to be 
used to provide job opportunities for unemployed and 



282 ORDINANCES Ord. No. 44 

out-of-school youths 16-23 years of ag-e in conservation 
work on non-federal public lands and waterways in the 
City's Young Adult Conservation Corps Prog-ram. 

BY authority of 

Article VI — Board of Estimates 

Section 2(h) (2) 

Baltimore City Charter (1964 Revision as amended) 

Whereas, the money appropriated herein represents 
a grant from a public source which could not be expected 
with reasonable certainty at the time of fonnulation of the 
fiscal 1980 Ordinance of Estimates; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, the recommendation having 
been made at a regular meeting of said Board held on the 
6th day of February, 1980, all in accordance with Article 
VI, Section 2(h) (2) of the Baltimore City Charter (1964 
Revision as amended). 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Chai^ter of 
Baltimore City, the sum of Seven Hundred Fifty-nine 
Thousand Six Hundred Twenty-one Dollars ($759,621) shall 
be made available to the Department of Recreation and 
Parks of the City of Baltimore as a supplementary special 
fund appropriation for the fiscal year ending June 30, 1980 
for the pui-pose of providing job opportunities for unem- 
ployed and out-of-school youths 16-23 years of age in con- 
servation work on non-federal public lands and waterway's 
in the City's Young Adult Conservation Corps Program. 
The amount thus made available as a supplementary special 
fund appropriation shall be expended from a grant of funds 
to the Mayor and City Council of Baltimore by the State 
of Maryland, Department of Natural Resources, said sum 
being specifically allotted to the Mayor and City Council of 
Baltimore for the aforesaid purpose; and said funds from 
said State of Maryland, Department of Natural Resources, 
shall be the source of revenue for this supplementary special 
fund appropriation, as required by Article VI, Section 2 of 
the Baltimore City Charter (1964 Revision as amended). 



ORDINANCES 283 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 21, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 45 
(Council No. 60) 

AN ORDINANCE concerning 

CITY STREET— OPENING OF CALVERT STREET 
FROM CENTRE STREET TO MONUMENT STREET. 

FOR the purpose of condemning and opening Calvert 
Street from Centre Street to Monument Street in ac- 
cordance with a plat thereof numbered 293-A-5, pre- 
pared by the Surveys and Records Division and filed in 
the Office of the Department of Public Works, on the 
Thirteenth (13th) day of November, 1979, and now 
on file in said office. 

BY authority of 
Article I — General Provisions 
Section — 4 

Article II — General Provisions 
Sections— 2, 34, 35 
Baltimore City Charter (1964 Revision, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, 
and they are hereby authorized and directed to con- 
demn, open, Calvert Street, 60 feet wide, and extending 
from Centre Street, North 03°-05'-20" West 366.4 feet, 
more or less, to Monument Street the street hereby di- 
rected to be condemned for said opening being described 
as follows: 

Beginning for the same at the point formed by the inter- 
section of the north side of Centre Street, as now laid 
out 66 feet wide, and the west side of Calvert Street, as 



284 ORDINANCES Ord. No. 45 

now laid out 60 feet wide, and running thence binding on 
the west side of said Calvert Street, North 03°-05'-20" 
West 366.49 feet to intersect the south side of Monument 
Street, as now laid out 66 feet wide; thence binding on 
the south side of said Monument Street, North 87°-15'-00" 
East 60.00 feet to intersect the east side of said Calvert 
Street; thence binding on the east side of said Calvert 
Street, South 03°-05'-20" East 366.34 feet to intersect the 
north side of said Centre Street and thence binding on 
the north side of said Centre Street, South 87°-06'-30" 
West 60.00 feet to the place of beginning. 

All courses and distances in the above description are 
referred to the true meridian as adopted by the Baltimore 
Survey Control System. 

the said Calvert Street as directed to be condemned being 
more particularly described and referred to among the 
Land Records of Baltimore City and delineated and par- 
ticularly sho\\Ti on a plat numbered 293-A-5 which was 
filed in the Office of the Department of Public Works on 
the Thirteenth (13th) day of November in the year 1979, 
and is now on file in said Office. 

Sec. 2. And be it further ordained. That the proceedings 
of said Department of Public Works, with reference to the 
condemnation and opening of said Calvert Street and the 
proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance vd\h, 
any and all applicable provisions of Article 4 of the Code 
of Public Local Laws of Maryland and the Charter of Bal- 
timore City (1964 Revision) as amended to July 1, 1973 
and any and all amendments thereto, and any and all 
other Acts of the General Assembly of Maryland, and any 
and all ordinances of the Mayor and Cit>^ Council of Balti- 
more, and any and all rules or regulations in effect which 
have been adopted by the Director of Public Works and 
filed with the Department of Legislative Reference. 

Sec. 3. And be it further ordained. That this Ordinance 
shall take effect from the date of its passage. 

Approved April 25, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 286 

No. 46 
(Council No. 61) 

AN ORDINANCE concerning 

CITY STREET— CLOSING OF PORTIONS OF 

CALVERT STREET FROM CENTRE STREET TO 

MONUMENT STREET 

FOR the purpose of condemning and closing of portions of 
Calvert Street from Centre Street to Monument Street 
in accordance with a plat thereof numbered 293-A-5A, 
prepared by the Surveys and Records Division and filed 
in the Office of the Department of Public Works, on the 
Thirteenth (13th) day of November, 1979, and now on 
file in said office. 

BY authority of 

Article I — General Provisions 

Section — 4 

Article II — General Provisions 

Sections— 2, 34, 35 

Baltimore (jity Charter (1964 Revision, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, 
and they are hereby authorized and directed to condemn 
and close three portions of Calvert Street the portions of 
Calvert Street hereby directed to be condemned for said 
closing being described as follows: 

Beginning for Parcel No. 1 at a point on the west side 
of Calvert Street, as now laid out 60 feet wide, distant 
North 03°-05'-20'' West 103.15 feet, measured along the 
west side of said Calvert Street from Centre Street, as 
now laid out 66 feet wide, and at a horizontal plane having 
an elevation of 53.2 feet and extending to a maximum 
elevation of unlimited height and running thence binding 
on the west side of said Calvert Street, North 03°-05'-20" 
West 10.00 feet to intersect a line dra^^Tl at a right angle 
to the west side of said Calvert Street; thence binding on 
said Hne so drawn, North 86°-54'-40" East 51.05 feet to 
intersect a line drawn parallel with and distant 8.95 feet 
westerly, measured at right angles from the east side of 



286 ORDINANCES Ord. No. 46 

said Calvert Street; thence binding on last said line so 
drawn, South 03^-05'-20" East 10.00 feet to intersect 
another line drawn at a right angle to the west side of 
said Calvert Street and thence binding on last said line so 
drawn South 86°-54'-40'' West 51.05 feet to the place of 
beginning. 

Beginning for Parcel No. 2 at a point on the west side of 
Calvert Street, as now laid out 60 feet wide, distant South 
03°-05'-20'' East 59.76 feet, measured along the west side 
of said Calvert Street from Monument Street, as now laid 
out 66 feet wide, and at a horizontal plane having an ele- 
vation of 53.2 feet and extending to a maximum elevation 
of unlimited height and running thence by a straight line 
drawn at a right angle to the west side of said Calvert 
Street, North 86°-54'-40" East 51.05 feet to intersect a 
line dra\\Ti parallel with and distant 8.95 feet westerly, 
measured at right angles from the east side of said Calvert 
Street; thence binding on last said line so drawn, South 
03''-05'-20" East 10.00 feet to intersect another line draw^n 
at a right angle to the west side of said Calvert Street; 
thence binding on last said line so drawn, South 86°-54'-40" 
West 51.05 feet to intersect the west side of said Calvert 
Street and thence binding on the west side of said Calvert 
Street, North 03°-05'-20" West 10.00 feet to the place of 
beginning. 

Beginning for Parcel No. 3 at a point on the east side of 
Calvert Street, as no^v laid out 60 feet \^nde, distant North 
03°-05'-20" West 4.42 feet measured along the east side of 
said Calvert Street from Centre Street, as now laid out 
66 feet wide, and at a horizontal plane having an elevation 
of 51.83 feet and extending to a maximum elevation of 
unlimited height and running thence by a straight line 
drawn at a right angle to the east side of said Calvert 
Street, South 86°-54'-40" West 8.95 feet to intersect a line 
drawn parallel with and distant 8.95 feet westerly, meas- 
ured at right angles to the east side of said Calvert Street ; 
thence binding on last said line so drawn. North 03°-05'-20" 
West 361.26 feet to intersect another line drawn at a right 
angle to the east side of said Calvert Street : thence binding 
on last said line so dra\\Ti, North 86^-54'-40" East 8.95 
feet to intersect the east side of said Calvert Street and 
thence binding on the east side of said Calvert Street, 



ORDINANCES 287 

South 03°-05'-20" East 361.26 feet to the place of be- 
ginning. 

All courses and distances in the above descriptions are 
referred to the true meridian as adopted by the Baltimore 
Surv^ey Control System. All elevations in the above de- 
scriptions are referred to the mean low tide as adopted by 
the Baltimore Survey Control System. 

the said portions of Calvert Street as directed to be con- 
demned being delineated and particularly showTi on a plat 
numbered 293-A-5A which was filed in the Office of the 
Department of Public Works on the Thirteenth (13th) 
day of November in the year 1979, and is now on file in 
the said Office. 

Sec. 2. And be it further ordained, That after said high- 
way or highways shall have been closed under the provisions 
of this Ordinance, all subsurface structures and appur- 
tenances now owned by the Mayor and City Council of 
Baltimore, shall be and continue to be the property of the 
Mayor and City Council of Baltimore, in fee simple, until 
the use thereof shall be abandoned by the Mayor and City 
Council of Baltimore, and in the event that any person, 
firm or corporation shall desire to remove, alter or inter- 
fere therewith, such person, firm or corporation shall first 
obtain permission and permits therefor from the Mayor 
and City Council of Baltimore, and shall in the application 
for such pel-mission and permits agree to pay all costs 
and charges of every kind and nature made necessary by 
such removal, alteration or interference. 

Sec. 3. And be it further ordained, That no buildings or 
structures of any kind shall be constructed or erected in 
said portion of said highway or highways after the same 
shall have been closed under the provisions of this Ordi- 
nance until the subsurface structures and appurtenances 
over which said buildings or structures are proposed to be 
constructed or erected shall have been abandoned or shall 
have been removed and relaid in accordance with the 
specifications and under the direction of the Director of 
Public Works of Baltimore City, and at the expense of 
the person or persons or body corporate desiring to erect 



288 ORDINANCES Ord. No. 46 

such building's or structures. Railroad tracks shall be taken 
to be "structures" within the meaning of this section. 

Sec. 4. And be it further ordained, That on and after 

the closing of said highway or highways, the said Mayor 
and City Council of Baltimore, acting through its duly 
authorized representatives, shall, at all times, have access 
to said property and to all subsurface structures and appur- 
tenances used by it therein, for the purposes of inspection, 
maintenance, repair, alteration, relocation and/or replace- 
ment, of any or all of said structures and appurtenances, 
and this without permission from or compensation to the 
owTier or owmers of said land. 

Sec. 5. And he it further ordained, That the proceedings 
of said Department of Public Works with reference to the 
condemnation and closing of said portions of Calvert Street 
and the proceedings and rights of all parties interested or 
affected thereby, shall be regulated by, and be in accordance 
with, any and all applicable provisions of Article 4 of the 
Code of Public Local Laws of Maryland and the Charter of 
Baltimore City (1964 Revision) as amended to July 1. 
1973 and any and all amendments thereto, and any and 
all other Acts of the General Assembly of Maryland, and 
any and all ordinances of the Mayor and City Council of 
Baltimore, and any and all rules or regulations in effect 
which have been adopted by the Director of Public Works 
and filed with the Department of Legislative Reference. 

Sec. 6. And he it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved April 25, 1980. 

WILLIAM DONALD SCHAEFER, Mayor, 



ORDINANCES 289 

No. 47 
(Council No. 81) 

AN ORDINANCE concerning 

CITY STREETS— OPENING CERTAIN STREETS IN 

THE VICINITY OF WEBSTER STREET, BARNEY 

STREET, LAWRENCE STREET AND THE B & 

R.R. RIGHT OF WAY. 

FOR the purpose of condemning and opening (1) all 
streets and alleys lying within the area bounded by 
Webster Street, Barney Street, Lawrence Street and 
the B&O R.R. Right of Way, (2) Lawrence Street from 
the B&O R.R. Right of Way, Northwesterly to Barney 
Street and (3) Barney Street from Webster Street, 
Easterly to the B&O R.R. Right of Way in accordance 
with a plat thereof numbered 337-A-16, prepared by 
the Surveys and Records Division and filed in the Office 
of the Department of Public Works, on the Twentieth 
(20th) day of November, 1979 and now on file in said 
office. 

BY authority of 
Article I — General Provisions 
Section — 4 

Article II — General Provisions 
Sections— 2, 34, 35 
Baltimore City Charter (1964 Revision, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, 
and they are hereby authorized and directed to condemn, 
open, (1) all streets and alleys referred to among the 
Land Records of Baltimore City and lying within the 
area bounded by Webster Street, Barney Street, Lawrence 
Street and the B&O R.R. Right of Way, (2) Lawrence 
Street from the B&O R.R. Right of Way, Northwesterly 
to Barney Street and (3) Barney Street from Webster 
Street, Easterly to the B&O R.R. Right of Way the streets 
and alleys hereby directed to be condemned for said open- 
ing being described as follows : 



290 ORDINANCES Orel. No. 47 

1 — Boyle street, and extending from the south side of 
Barney Street, Southerly 321 feet, more or less, to the 
north side of the B&O R.R. Right of Way and designated 
as Parcel No. 1. 

2 — Norfolk Street, 20 feet wide, and extending from the 
southwest side of Lawrence Street, Southerly 306 feet, 
more or less, to the north side of the B&O R.R. Right of 
Way and designated as Parcel No. 2. 

3 — Lawrence Street, 66 feet wide, and extending from 
the northwest side of the B&O R.R. Right of Way, North 
35°-54'-30" West 361 feet, more or less, to the line of the 
south side of Barney Street, if projected westerly, and 
designated as Parcel No. 3. 

4 — Barney Street, 66 feet wide, and extending from the 
east side of Webster Street, North 86°-59'-30" East 451 
feet, more or less, to the west side of the B&O R.R. Right 
of Way and designated as Parcel No. 4. 

the said streets as directed to be condemned being more 
particularly described and referred to among the Land 
Records of Baltimore City and delineated and particularly 
shown on a plat numbered 337-A-16 which was filed in 
the Office of the Department of Public Works on the 
Twentieth (20th) day of November in the year 1979, 
and is now on file in said Office. 

Sec. 2. And be it further ordained, That the proceedings 
of said Department of Public Works, with reference to 
the condemnation and opening of said streets and the 
proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, 
any and all applicable provisions of Article 4 of the Code 
of Public Local Laws of Maryland and the Charter of 
Baltimore City (1964 Revision) as amended to July 1, 
1973 and any and all amendments thereto, and any and 
all other Acts of the General Assembly of Maryland, and 
any and all ordinances of the Mayor and City Council of 
Baltimore, and any and all rules or regulations in effect 
which have been adopted by the Director of Public Works 
and filed with the Department of Legislative Reference. 



ORDINANCES 291 

Sec. 3. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved April 25, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 48 
(Council No. 82) 

AN ORDINANCE concerning 

CITY STREETS— CLOSING CERTAIN STREETS 

IN THE VICINITY OF WEBSTER STREET, 

BARNEY STREET, LAWRENCE STREET AND 

THE B&O R.R. RIGHT OF WAY. 

FOR the purpose of condemning and closing (1) all streets 
and alleys lying within the area bounded by Webster 
Street, Barney Street, Lawrence Street and the B&O 
R.R. Right of Way, (2) Lawrence Street from the B&O 
R.R. Right of Way, Northwesterly to Barney Street 
and (3) Barney Street from Webster Street, Easterly 
to the B&O R.R. Right of Way in accordance with a 
plat thereof numbered 337-A-16A prepared by the Sur- 
veys and Records Division and filed in the Office of the 
Department of Public Works, on the Twentieth (20th) 
day of November, 1979 and now on file in said office. 

BY authority of 

Article I — General Provisions 

Section — 4 

Article II — General Provisions 

Sections— 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, 
and they are hereby authorized and directed to condemn 
and close (1) all streets and alleys referred to among 
the Land Records of Baltimore City and lying within the 
area bounded by Webster Street, Barney Street, Lawrence 



292 ORDINANCES Ord. No. 48 

Street and the B&O Pw.R. Right of Way, (2) Lawrence 
Street from the B&O R.R. Right of Way, Northwesterly 
to Barney Street and (3) Barney Street from Webster 
Street, Easterly to the B&O R.R. Right of W^ay tlie streets 
and alleys hereby directed to be condemned for said closing 
being described as follows : 

1 — Boyle Street, and extending from the south side of 
Barney Street, Southerly 321 feet, more or less, to the 
north side of the B&O R.R. Right of Way and designated 
as Parcel No. 1. 

2 — Norfolk Street, 20 feet wide, and extending from the 
southwest side of Lawrence Street, Southerly 306 feet, 
more or less, to the north side of the B&O R.R. Right of 
Way and designated as Parcel No. 2. 

3 — Lawrence Street, 66 feet \\ide, and extending from 
the northwest side of the B&O R.R. Right of Way, North 
35°-54'-30'' West 361 feet, more or less, to the line of the 
south side of Barney Street, if projected westerly and 
designated as Parcel No. 3. 

4 — Barnev Street, 66 feet wide, and extending from the 
east side of Webster Street, North 86°-59'-30" East 451 
feet, more or less, to the west side of the B&O R.R. Right 
of Way and designated as Parcel No. 4. 

the said streets as directed to be condemned being more 
particularly described and referred to among the Land 
Records of Baltimore City and delineated and particularly 
shown on a plat numbered 337-A-16A which was filed in 
the Office of the Department of Public Works on the 
Twentieth (20th) day of November, in the year 1979 
and is now on file in the said Office. 

Sec. 2. And be it further ordained. That after said 
highway or highways shall have been closed under the 
provisions of this Ordinance, all subsurface structures 
and appurtenances now owned by the Mayor and City 
Council of Baltimore, shall be and continue to be the 
property of the Mayor and City Council of Baltimore, 
in fee simple, until the use thereof shall be abandoned 
by the IVLiyor and City Council of Baltimore, and in the 
event that any person, firm or coi-poration shall first ob- 
tain permission and permits therefor from the Mayor and 



ORDINANCES 293 

City Council of Baltimore, and shall in the application 
for such permission and permits agree to pay all costs 
and charges of every kind and nature made necessary by 
such removal, alteration or interference. 

Sec. 3. And be it further ordained, That no buildings 
or structures of any kind shall be constructed or erected 
in said portion of said highway or highways after the 
same shall have been closed under the provisions of this 
Ordinance until the subsurface structures and appurte- 
nances now owned by the Mayor and City Council of 
Baltimore, over which said buildings or structures are 
proposed to be constructed or erected shall have been 
abandoned or shall have been removed and relaid in ac- 
cordance with the specifications and under the direction 
of the Director of Public Works of Baltimore City, and 
at the expense of the person or persons or body corporate 
desiring to erect such buildings or structures. Railroad 
tracks shall be taken to be "structures" within the mean- 
ing of this section. 

Sec. 4. And he it further ordained, That after said 
highway or highways shall have been closed under the 
provisions of this Ordinance, all subsurface structures and 
appurtenances owned by any person, firm or corporation, 
other than the Mayor and City Council of Baltimore, 
shall upon notice from the Director of Public Works of 
Baltimore City, be promptly removed by and at the ex- 
pense of the said owners. 

Sec. 5. And he it further ordained, That on and after 
the closing of said highway or highways, the said Mayor 
and City Council of Baltimore, acting through its duly 
authorized representatives, shall, at all times, have access 
to said property and to all subsurface structures and ap- 
purtenances used by it therein, for the purposes of inspec- 
tion, maintenance, repair, alteration, relocation and/or 
replacement, of any or all of said structures and appurte- 
nances, and this without permission from or compensation 
to the owTier or owners of said land. 

Sec. 6. And he it further ordained, That the proceedings 
of said Department of Public Works with reference to the 



294 ORDINANCES Ord. No. 49 

condemnation and closing of said streets and the proceed- 
ings and rights of all parties interested or affected thereby, 
shall be regulated by, and be in accordance with, any and 
all applicable provisions of Article 4 of the Code of Public 
Local Laws of Maryland and the Charter of Baltimore 
City (1964 Revision) as amended to July 1, 1973 and any 
and all amendments thereto, and any and all other Acts of 
the General Assembly of Maryland, and any and all ordi- 
nances of the Mayor and City Council of Baltimore, and 
any and all rules or regulations in effect which have been 
adopted by the Director of Public Works and filed with 
the Department of Legislative Reference. 

Sec. 7. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved April 25, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 49 
(Council No. 97) 

AN ORDINANCE concerning 

URBAN RENEWAI^-SHARP-LEADENHALL 
AMENDMENT NO. 6 

FOR the purpose of amending the Urban Renewal Plan for 
Sharp-Leadenhall to, among other things: (1) authorize 
the Mayor and City Council of Baltimore to acquire 
cei'tain properties by purchase or by condemnation; (2) 
make several technical corrections in the Urban Renewal 
Plan, including adding a provision regarding landscaping 
of propeiiy to be acquired; (3) revise Appendix A and 
certain exhibits attached to the Plan to reflect changes 
provided herein; (4) waive such requirements, if any, as 
to content or procedure for the preparation, adoption and 
approval of renewal plans as set forth in Ai-ticle 13 of 
the Baltimore City (]ode (1976 Edition, as amended), 
which the Urban Renewal Plan for Sharp-Leadenhall 



ORDINANCES 295 

may not meet; (5) provide for the separability of the 
various parts and applications of this ordinance; (6) pro- 
vide that where the provisions of this ordinance shall 
conflict with any other ordinance, code or regulation in 
force in the City of Baltimore, the provision which estab- 
lishes the higher standard shall prevail; and (7) provide 
for the effective date hereof. 

Whereas, an Urban Renewal Plan for Sharp-Leadenhall 
was approved by the Mayor and City Council of Baltimore 
by Ordinance No. 581 dated April 19, 1974, and was last 
amended by Ordinance No. 1190 dated November 16, 1979; 
and 

Whereas, pursuant to Article 13 of the Baltimore City 
Code (1976 Edition, as amended), no substantial change or 
changes shall be made in any renewal plan after approval 
by ordinance, without such change or changes first being 
adopted and approved in the same manner as set forth in 
said Article 13 for the approval of a renewal plan, namely 
the preparation of such change or changes by the Depart- 
ment of Housing and Community Development, the ap- 
proval of such change or changes by the Director of the 
Department of Planning, and approval and adoption by an 
ordinance of the Mayor and City Council of Baltimore after 
a public hearing in relation thereto, all in the manner set 
forth in said Article 13 ; and 

Whereas, said amended Urban Renewal Plan for Sharp- 
Leadenhall has been approved by the Director of the De- 
partment of Planning with respect to its conformity as to 
the Master Plan, the detailed location of any public im- 
provements proposed in the amended Urban Renewal Plan, 
its conformity to the rules and regulations for subdivision, 
and its conformity with existing zoning districts; and 
said amended Urban Renewal Plan has been approved and 
recommended to the Mayor and City Council of Baltimore 
by the Commissioner of the Department of Housing and 
Community Development ; now, therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the following amendments and changes 
to the Urban Renewal Plan for Shai-p-Leadenhall, having 
been duly reviewed and considered, are hereby approved; 



296 ORDINANCES Ord. No. 49 

and the Clerk of the City Council is hereby directed to file 
a copy of said Urban Renewal Plan, revdsed to include 
Amendment No. 6 dated January 9, 1980, AND REVISED 
MARCH 27. 1980, with the Department of Legislative 
Reference as a i>ermanent public record, and to make the 
same available for public inspection and information. 

1 . In the Table of Contents, page ii, under ''EXHIBITS'', 
delete the date "5/7/79" for Exhibits 2 and 3, and sub- 
stitute the date "1/9/80"; delete the date "10/31/79" for 
Exhibit 4 and substitute "1/1/80" "1/9/80". 

2. On page 5, Section B.l.g.. titled "Non-Complying", 
delete the word "use" in the first and fifth lines of the 
first paragraph, and substitute the word "structure". 

3. On page 6, Section B.2.a. (l)(d) at the top of the 
page, insei-t the following between the letter "(d)" and the 
word "Landscape"; 

"All land not covered by structures, paved parking, load- 
ing or related service areas, paved areas for pedestrian 
circulation, or decorative surface treatment, shall be pro- 
vided with landscaping." 

4. On page 14. Appendix A, "Properties for Acquisition 
and Disposition for Residential Rehabilitation", insert the 
properties 901, 906, 916, 920 and 922 Bevan Street,, 138 
AND 146 \V. CROSS STREET, 1107-1119 AND 1123 RACE 
STREET, AND 133-135 W. WEST STREET. 

5. Delete Exliibits 2, 3 and 4 and substitute revised Ex- 
hibits 2, 3 and 4. dated revised 1/9/80. 

Sec. 2. And he it further ordained. That it is necessary 
to acquire, by purchase or by condemnation, for urban 
renewal pui-poses, the fee simple interest or any lesser in- 
terest in and to the following properties or portions thereof, 
together vdth all right, title, interest, and estate that the 
owner or owners of said property interests may have in all 
streets, alleys, ways or lanes, public or private, both abutt- 
ing the whole area described and/or contained within the 
perimeter of said area, situate in Baltimore City, Maryland, 
and described as follows : 



ORDINANCES 297 



901 Bevan Street 
906 Bevan Street 
916 Bevan Street 
920 Bevan Street 
922 Bevan Street 

1128 Clarkson Street 

1130 Clarkson Street 

1132 Clarkson Street 

1134 Clarkson Street 

138 W. CROSS STREET 
146 W. CROSS STREET 

1107 RACE STREET 
1109 RACE STREET 
1111 RACE STREET 
1113 RACE STREET 
1115 RACE STREET 
1117 RACE STREET 
1119 RACE STREET 
1123 RACE STREET 

1129 Race Street 

1131 Race Street 

1133 Race Street 

1135 Race Street 
1137 Race Street 
1139 Race Street 

112 Seldner Place 

113 Seldner Place 

114 Seldner Place 

115 Seldner Place 

116 Seldner Place 

117 Seldner Place 

118 Seldner Place 

119 Seldner Place 
121 Seldner Place 
123 Seldner Place 

60 W. West Street 
62 W. West Street 
133 W. WEST STREET 
135 W. WEST STREET 



298 ORDINANCES Ord. No. 49 

Sec. 3. And be it further ordained, That the Real Estate 
Acquisition Division of the Depai-tment of the Comptroller, 
or such person or persons and in such manner as the Board 
of Estimates, in the exercise of the power vested in it by 
Article V, Section 5, of the Baltimore City Charter, may 
hereafter from time to time designate, is or are authorized 
to acquire on behalf of the Mayor and City Council of Bal- 
timore and for the purposes described in this ordinance, the 
fee simple interest or any lesser interest in and to the prop- 
erties or portions thereof hereinabove mentioned. If the 
said Real Estate Acquisition Division of the Department 
of the Comptroller, or such person or persons, and in such 
manner as the Board of Estimates in the exercise of the 
power vested in it by Article V, Section 5, of the Baltimore 
City Charter may hereafter from time to time designate, is 
or are unable to agree with the owner or owners on the 
purchase price for said properties or portions thereof, it 
or they shall forthwith notify the City Solicitor of Balti- 
more City, who shall thereupon institute in the name of the 
Mayor and City Council of Baltimore, the necessary legal 
proceedings to acquire by condemnation the fee simple in- 
terest or any lesser interest in and to said properties or 
portions thereof. 

Sec. 4. And he it further ordained. That in whatever re- 
spect, if any, the said amended Renewal Plan approved 
hereby may not meet the requirements as to the content of 
a renewal plan or the procedures for the preparation, adop- 
tion, and approval of renewal plans, as provided in Article 
13 of the Baltimore City Code (1976 Edition, as amended), 
the said requirements are hereby waived and the amended 
Urban Renewal Plan approved hereby is exempted there- 
from. 

Sec. 5. And he it further ordained, That in the event 
it be judicially determined that any word, phrase, clause, 
sentence, paragraph, section or part in or of this ordinance 
or the application thereof to any person or circumstances 
is invalid, the remaining provisions and the application of 
such provisions to other persons or circumstances shall not 
be affected thereby, the Mayor and City Council hereby 
declaring that they would have ordained the remaining pro- 
visions of this ordinance without the word, phrase, clause, 



ORDINANCES 299 

sentence, paragraph, section or part or the application 
thereof so held invalid. 



Sec. 6. And be it further ordained, That in any case 
where a provision of this ordinance concerns the same sub- 
ject matter as an existing provision of any zoning, building, 
electrical, plumbing, health, fire or safety ordinance or code 
or regulation, the applicable provisions concerned shall be 
construed so as to give effect to each; provided, however, 
that if such provisions are found to be in irreconcilable con- 
flict, the provision which establishes the higher standard 
for the promotion of the public health and safety shall 
prevail. In any case where a provision of this ordinance is 
found to be in conflict with an existing provision of any 
other ordinance or code or regulation in force in the City of 
Baltimore which establishes a lower standard for the pro- 
motion and protection of the public health and safety, the 
provision of this ordinance shall prevail, and the other exist- 
ing provision of such other ordinance or code or regulation 
is hereby repealed to the extent that it may be found in con- 
flict with this ordinance. 

Sec. 7. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 25, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 50 
(Council No. 35) 

AN ORDINANCE concerning 

ISSUANCE OF INDUSTRIAL DEVELOPMENT 
REVENUE BONDS— RENTEX CORPORATION 

FOR the purpose of authorizing and empowering Mayor 
and City Council of Baltimore (the "City") to issue, 
sell and deliver, at any time or from time to time, its 



300 ORDINANCES Ord. No. 50 

industrial development revenue bonds, desig-nated "Balti- 
more City, ^Maryland Industrial Development Revenue 
Bonds (Rentex Corporation Pi'oject)". in the aggregate 
principal amount not to exceed $1,000,000 (the "Bonds"), 
pursuant to the provisions of Sections 266A to 266-1, 
inclusive, of Article 41 of the Annotated Code of Mary- 
land (1978 Replacement Volume and 1979 Cumulative 
Supplement), as amended, in order to loan the proceeds 
thereof (the "Loan") to Rentex Corporation, a Delaware 
corporation (the "Borrower"), for the sole and exclu- 
sive purpose of financing the acquisition by the Borrower 
of a certain industrial building in Baltimore City as pro- 
vided in this Ordinance; authorizing the Mayor of the 
City to accept, on behalf of the City, the Bori'ower's 
letter of intent to the City dated July 9, 1979; making 
certain legislative findings, among othei*s, concerning the 
public benefit and purpose of the Bonds; providing that 
the Bonds and the interest thereon shall be limited obli- 
gations of the City, repayable by the City solely from 
the revenue derived from loan repayments (both prin- 
cipal and interest) made to the City on account of the 
Loan and from any other moneys made available to the 
City for such purpose, and that neither the Bonds nor 
the interest thereon shall ever constitute an indebtedness 
or a charge against the general credit or taxing powers 
of the City within the meaning of any constitutional or 
charter provision or statutoiy limitation and that neither 
shall ever constitute or give rise to any pecuniary liabil- 
ity of the City; authorizing the private (negotiated) sale 
of the Bonds; prescribing the method of deteiTnining 
the rate or rates of interest the Bonds are to bear, the 
basic form, tenor, teiTns and conditions of and security 
for the Bonds and the terms and conditions under which 
the Bonds may be called for redemption prior to their 
stated maturity or maturities : authorizing and empower- 
ing the Board of Finance of the City (the "Board"), 
prior to the issuance, sale and delivery of any of the 
Bonds, to adopt a resolution pursuant to which the Board 
may (1) prescribe the rate or rates of interest the 
Bonds are to bear, and the final form, tenor, terms and 
conditions of and security for the Bonds, (2) prescribe 
the actual amounts, denominations, date, actual maturity 
or maturities (within the limits herein prescribed) and 



ORDINANCES 301 

the place or places of payment of the Bonds, and the 
final teiTns and conditions and details under which the 
Bonds may be called for redemption prior to their stated 
maturity, (3) approve the form and contents, and au- 
thorize the execution and deliveiy (where applicable), 
of (a) a Loan Agreement between the Borrower and 
the City, (b) an Assignment and Security Agreement 
by and among the City, the original purchaser of the 
Bonds and a trustee (which may be the original pur- 
chaser of the Bonds), and (c) such other documents 
including (without limitation) mortgages, deeds of trust, 
guaranties and security instruments as the Board shall 
deem necessaiy to effectuate the issuance, sale and de- 
livery of the Bonds, (4) determine the time or times of 
execution, issuance, sale and delivery of the Bonds and 
prescribe any and all other details of the Bonds, (5) 
provide for the direct payment by the Borrower of all 
costs, fees and expenses incurred by or on behalf of the 
City in connection with the issuance, sale and delivery 
of the Bonds, and (6) do any and all things, and au- 
thorize the officials of the City to do any and all things, 
necessary, proper or expedient in connection with the 
issuance, sale and delivery of the Bonds ; providing that 
the Borrower shall agree to submit certain plans and 
specifications to, and coordinate with, the Department 
of Housing and Community Development in connection 
with the acquisition of the industrial building; and gen- 
erally providing for and determining various matters 
and details in connection with the authorization, issuance, 
security, sale and payment of the Bonds. 

RECITALS 

Sections 266A to 266-1, inclusive, of Article 41 of the 
Annotated Code of Maryland (1978 Replacement Volume 
and 1979 Cumulative Supplement), as amended, (the 
"Act") empower all the counties and municipalities of 
the State of Maryland to issue revenue bonds and to 
loan the proceeds of the sale of such revenue bonds to 
an industrial concern to finance the acquisition (as de- 
fined in the Act) by such industrial concern of an in- 
dustrial building (as defined in the Act). The Act de- 
clares it to be the legislative pui-pose to relieve condi- 



802 ORDINANCES Ord. No. 50 

tions of unemployment in the State of Maryland, to en- 
courage the increase of industry and a balanced economy 
in the State of Maryland, to assist in the retention of 
existing industry in the State of Maryland through the 
control, reduction or abatement of pollution of the en- 
vironment (where proceeds of the bonds are used for 
that purpose) , to promote economic development, to pro- 
tect natural resources and in this manner to promote 
the health, welfare and safety of the residents of each 
of the counties and municipalities of the State of Mary- 
land. 

Mayor and City Council of Baltimore (the "City") has 
received a letter of intent dated July 9, 1979 (the "Letter 
of Intent") from Rentex Corporation, a Delaware cor- 
poration and an industrial concern as mentioned in the 
Act (the "Borrower"), pursuant to which the Borrower 
has requested the City to participate in the financing of 
the acquisition by the Borrower of an industrial building 
(within the meaning of the Act) to be located in Balti- 
more City, Maryland (the "Industrial Building"), by the 
issuance and sale by the City of its Baltimore City, Mary- 
land Industrial Development Revenue Bonds (Rentex 
Corporation Project) , in the aggregate principal amount 
not to exceed $1,000,000 (the "Bonds"), and by loaning 
the proceeds of the Bonds to the Borrower upon the 
terms and conditions of a loan agreement to be entered 
into between the City and the Borrower (the "Loan 
Agreement"), as permitted by the Act (such loan being 
herein referred to as the "Loan"). 

The Industrial Building will consist generally of (a) the 
renovation and rehabilitation of the Borrower's existing 
facility in Baltimore City, (b) the construction of an 
additional building on the property adjacent to such 
existing facility, and (c) the acquisition and installation 
of certain equipment and machinery necessaiy or useful 
in connection with the operation of the business of the 
Borrower at such property. 

The Loan Agreement will require the Borrower (a) to 
use the proceeds of the Bonds solely to finance the acquisi- 
tion of the Industrial Building, and (b) to make Loan 
payments which will be suflftcient to enable the City to 



I 



ORDINANCES 303 

pay the principal of and interest and premium, if any, 
on the Bonds when and as the same shall become due 
and payable. 

As security for the Bonds, the City will enter into an 
Assignment and Security Agreement (the ''Assignment") 
with the original purchaser of the Bonds (the ''Original 
Purchaser"), and a trustee (which may be the Original 
Purchaser) (the "Trustee") , pursuant to which the City 
will assign to the Original Purchaser, its successors and 
assigns, (among other things) (a) all of the City's right, 
title and interest in and to and remedies under the Loan 
Agreement, including (without limitation) any and all 
collateral referred to therein, excepting only the right of 
the City to indemnification by the Borrower and to pay- 
ments to the City for expenses incurred by the City itself, 

(b) the receipts and revenues of the City from the Loan, 

(c) certain moneys which are at any time or from time to 
time on deposit with the Trustee, (d) all right, title 
and interest in and to and remedies with respect to any 
and all other property of eveiy description and nature 
from time to time by deliveiy or by writing of any kind 
conveyed, pledged, assigned or transferred, as and for ad- 
ditional security for the Bonds, by the City or by anyone 
on its behalf or with its written consent, to the Original 
Purchaser, its successors or assigns, and (e) all of the 
City's right, title and interest in and to and remedies 
under such other documents, including (without limita- 
tion) mortgages, deeds of trust, guaranties and security 
instruments as the Board of Finance of the City (the 
"Board") shall deem necessary to effectuate the issuance, 
sale and deliver>^ of the Bonds and which the Board shall 
approve by a resolution (the "Resolution") to be adopted 
by the Board prior to the issuance, sale and delivery of 
any of the Bonds. 

As evidenced by the Letter of Intent, the Industrial 
Building is to be acquired by a bona fide tenant or pur- 
chaser within the meaning of the Act. 

The Bonds will be sold to the Original Purchaser by 
private (negotiated) sale. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ACT: 



804 ORDINANCES Ord. No. 50 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That acting pursuant to the Act, it is hereby 
found and determined as follows : 

(1) The issuance and sale of the Bonds by the City 
pursuant to the Act in order to lend the proceeds thereof to 
the Borrower for the sole and exclusive purpose of financing 
the acquisition (within the meaning of the Act) by the Bor- 
rower of the Industrial Building will facilitate and expedite 
the acquisition of the Industrial Building by the Borrower. 

(2) The acquisition of the Industrial Building by the 
Borrower and the financing thereof as provided in this 
Ordinance will promote the declared legislative purposes of 
the Act by (a) sustaining jobs and employment, thus 
relieving conditions of unemployment in the State of Mary- 
land and in Baltimore City; (b) encouraging the increase 
of industrj^ and the creation of a balanced economy in the 
State of Maryland and in Baltimore City; (c) assisting in 
the retention of existing industry in the State of Maryland 
and in Baltimore City; (d) promoting economic develop- 
ment; and (e) promoting the health, welfare and safety of 
the residents of the State of Maryland and Baltimore City. 

(3) In addition to authorizing the City itself to acquire 
the Industrial Building and either to lease or to sell the 
same to the Borrower, the Act, as an alternative procedure, 
also authorizes industrial building financing to be ac- 
complished in the form of a loan by the City to the Bor- 
rower. The loan form of transaction avoids indirect costs 
and burdens on the City by not requiring any direct in- 
volvement by the City in the acquisition, ownership or ad- 
ministration of the Industrial Building, while permitting 
ample controls to be imposed on the use of the proceeds of 
the Bonds to insure that the public purposes of the Act and 
the Bonds are fully accomplished. It is, therefore, in the 
best interests of the citizens of the City to finance the ac- 
quisition of the Industrial Building by a loan to the Bor- 
rower. This Ordinance contemplates and authorizes a trans- 
action in the form of a loan of the proceeds of the Bonds by 
the City to the Borrower, rather than a transaction in the 
foiTn of a lease or sale of the Industrial Building. Accord- 
ingly, this Ordinance, together with the Resolution, the As- 
signment and the Loan Agreement authorized hereby, and 



ORDINANCES 305 

the other documents referred to herein, contains, or shall 
contain, such provisions as the City deems appropriate to 
effect the financing of the acquisition by the Borrower 
of the Industrial Building by the loan form of transaction. 

(4) Neither the Bonds nor the interest thereon shall 
ever constitute an indebtedness or general obligation of the 
City or a charge against, or pledge of the general credit or 
taxing powers of the City, within the meaning of any con- 
stitutional or chai-ter provision or statutory limitation, and 
neither shall ever constitute or give rise to any pecuniary 
liability of the City. The Bonds and the interest thereon 
shall be limited obligations of the City, repayable by the 
City solely from the revenue derived from Loan repayments 
(both principal and interest) made to the City by the Bor- 
rower on account of the Loan and from any other moneys 
made available to the City for such purpose. The proceeds 
of the Bonds will be deposited with the Trustee to be held 
and disbursed by the Trustee as provided in the Assignment 
to be approved by the Board in the Resolution. The pay- 
ments to be made by the Borrower pursuant to the Loan 
Agreement will be paid directly to the holder of the 
Bond. No such moneys will be commingled with the City's 
funds or will be subject to the absolute control of the City, 
but will be subject only to such limited supervision and 
checks as are deemed necessary or desirable by the City to 
insure that the proceeds of the Bonds are used to accomplish 
the public purposes of the Act and this Ordinance. The Act 
provides that a loan form of transaction thereunder shall 
in no event constitute a capital project within the meaning 
of any charter or statutory provision. The public purposes 
expressed in the Act are to be achieved by facilitating the 
acquisition of the Industrial Building by the Borrower. 

(5) The City will acquire no interest in the Industrial 
Building other than (a) any general interest in the Bor- 
rower's property shared by all holders of the Borrower's 
obligations which rank and are secured equally with the 
Borrower's obligations pursuant to the Loan Agreement, 
(b) any lien and security interest created by the Loan 
Agreement, and (c) any interest created by any other 
mortgage or deed of trust or other security instrument 
executed and delivered by the Borrower or any third party 
as security for the Loan as the Board may provide for and 



806 ORDINANCES Ord. No. 50 

approve in the Resolution. The security for the Bonds shall 
be solely and exclusively (a) the absolute, iri*evocable and 
unconditional obligations of the Borrower to make the pay- 
ments required by the Loan Agreement, (b) moneys realized 
from the liquidation of any lien and security interest created 
by the Loan Agreement and of any other lien or security 
interest created with respect to any property as security 
for the Loan or the Bonds as the Board may provide for 
and approve in the Resolution, and (c) moneys realized 
from any guaranty of the Bonds or of the Loan as the Board 
may provide for and approve in the Resolution. 

(6) None of the revenues derived by the City from the 
Loan Agreement shall be set aside as a depreciation account 
(mentioned in the Act) . Such a depreciation account would 
(a) be inconsistent with the transaction authorized hereby, 
and (b) place an unreasonable burden on the Borrower 
so as to adversely affect the feasibility of the transaction 
and thus frustrate the legislative purposes of the Act. The 
Borrower shall covenant and agree in the Loan Agreement 
to properly operate and maintain the Industrial Building 
during the time any of the Bonds are outstanding. Such 
covenant and agreement shall include a specific under- 
taking by the Borrower to make all equipment replacements 
and repairs necessary to insure that the security for the 
Bonds shall not be impaired. 

(7) The best interests of the City will be served by sell- 
ing the Bonds to the Original Purchaser by private (nego- 
tiated) sale, as authorized by the Act, upon teiTns and con- 
ditions approved by the Board in the Resolution. 

(8) As evidenced by the Letter of Intent, the Industrial 
Building is to be acquired by a bona fide tenant or purchaser 
within the meaning of the Act. 

Sec. 2. And be if further ordained. That the City is hereby 
authorized and empowered to issue, sell and deliver, at 
any time or from time to time, its Baltimore City, Marj'land 
Industrial Development Revenue Bonds (Rentex Corpora- 
tion Project) , in the aggregate principal amount not to 
exceed $1,000,000 subject to the provisions of this Ordi- 
nance. The proceeds of the Bonds will be loaned to the Bor- 
rower pursuant to the terms and provisions of the Loan 



ORDINANCES 307 

Agreement, to be used by the Borrower for the sole and 
exclusive purpose of financing the acquisition of the Indus- 
trial Building. The Bonds and the interest thereon shall 
be limited obligations of the City, repayable by the City 
solely from the revenue derived from Loan repayments 
(both principal and interest) made to the City by the Bor- 
rower pursuant to the Loan Agreement and from any other 
moneys made available to the City for such purpose. The 
security for the Bonds shall be solely and exclusively as 
provided in Section 1 of this Ordinance. 

Sec. 3. And be it further ordained, That the Mayor of 
the City is hereby authorized and directed to accept the 
Letter of Intent on behalf of the City in order to further 
evidence the commitment of the City to issue, sell and 
deliver the Bonds in accordance with the terms and pro- 
visions of this Ordinance. 

Sec. 4. And be it further ordained, That each of the Bonds 
shall bear the descriptive title "Baltimore City, Maryland 
Industrial Development Revenue Bond (Rentex Corporation 
Project)", provided, that the descriptive title may contain 
such other descriptive information as the Board may pre- 
scribe in the Resolution (e.g. "1979 Series"). The Bonds 
shall bear interest from the date of delivery at a rate of 
interest not exceeding ten per centum (10%) per annum, 
provided, however, that during any period in which the 
interest payable on the Bonds is for any reason includible 
in the gross income (as defined in Section 61 of the Internal 
Revenue Code of 1954, as amended) of any holder of any 
of the Bonds, such Bonds shall bear interest at a rate sot ex- 
cooding fi^teoft pei^ centum (15%) WHICH IS AT ALL 
TIMES EQUAL TO THE COMMERCIAL PRIME RATE 
OF INTEREST IN EFFECT AT THE FIRST NATIONAL 
BANK OF MARYLAND FROM TIME TO TIME PLUS 
TWO PER CENT (2%) per annum; provided further that 
the exact rate or rates of interest shall be determined by 
negotiation by the Original Purchaser of the Bonds and 
shall be prescribed by the Board in the Resolution (wdthin 
the limits herein prescribed). Interest on the Bonds shall 
be payable semi-annually on dates to be prescribed by the 
Board in the Resolution and shall be calculated on the basis 
of a 360-day year factor applied to actual days elapsed. 



308 ORDINANCES Ord. No. 50 

The principal of the Bonds shall be payable in semi-annual 
installments on dates and in amountij to be prescribed by 
the Board in the Resolution. 

Sec. 5. A7id be it further ordained, That the definitive 
Bonds, which may be engraved, printed or typewritten, shall 
be substantially in the following basic form with such ap- 
propriate variations, omissions, insertions and additional 
provisions as the Board may approve in the Resolution : 

FORM OF BOND 
No. R-1 $ 

UNITED STATES OF AMERICA 

STATE OF MARYLAND 
BALTIMORE CITY, MARYLAND 

INDUSTRIAL DEVELOPMENT REVENUE BOND 
(RENTEX CORPORATION PROJECT) 

FOR VALUE RECEIVED, MAYOR AND CITY COUN- 
CIL OF BALTIMORE, a body politic and corporate and 
a political subdivision of the State of Maryland (the 
"Issuer"), hereby promises to pay (but only out of the 
"Receipts and Revenues of the Issuer from the Loan" as 

hereinafter defined) to the order of 

(the "Bank") or its successor assignee or 

legal representative, the principal sum of 

DOLLARS, payable in installments and in the manner 
hereinafter set forth, and to pay interest on the unpaid prin- 
cipal amount hereof from , 198. . , until paid 

in full (or, if this bond, or any portion hereof, shall have 
been duly called for early redemption and pa\Tnent of the 
redemption price shall have been made, until the date fixed 
for such early redemption) at the rate of . . % per annum 
(calculated on the basis of a 360-day year factor applied 
to actual days elapsed) payable at the times and in the 
manner hereinafter set forth ; provided, however, that dur- 
ing any period in which the interest payable hereon is for 
any reason includible in the gross income (as defined in Sec- 
tion 61 of the Internal Revenue Code of 1954, as amended) 
of the holder hereof, the rate of interest payable on the un- 
paid principal amount hereof shall be at the rate oi . .% 
per annum (calculated on the basis of a 360-day year factor 
applied to actual days elapsed). 



ORDINANCES 309 

The principal hereof and interest hereon shall be paid 
in any coin or currency of the United States of America 
which, at the respective times of payment, is legal tender 
for the payment of public and private debts, as follows: 

(a) the principal sum shall be payable in semi-annual 
installments as set forth in Schedule A attached hereto and 

made a part hereof, by check or draft mailed by 

, a (the "Borrower") , to 

the holder hereof at the address designated by the holder as 
hereinafter provided, without the necessity of surrendering 
or presenting this bond, and all such payments shall fully 
discharge the obligation of the Issuer herein to the extent 
of the payments so made ; 

(b) interest on the outstanding principal balance shall 

be payable on and of 

each year, commencing on , and there- 
after until paid in full (or until the date fixed for early 
redemption as referred to above) , by check or draft mailed 
by the Borrower to the holder hereof at the address indi- 
cated on the registration books of the Bond Registrar, 
without the necessity of surrendering or presenting this 
bond, and all such payments shall fully discharge the obli- 
gation of the Issuer herein to the extent of the payments so 
made; and 

(c) the entire unpaid principal amount hereof and all 
accrued and unpaid interest hereon shall be due and payable 
on , if not paid earlier. 

In the event any payment hereon is not paid within 20 
days from the date on which the same is due and payable, 
the payment so in default shall continue as an obligation of 
the Issuer (limited as herein provided) with interest 
thereon at the rate of 12% per annum until paid in full. 

All pajTnents hereon, including prepayments, shall be ap- 
plied first to accrued and unpaid interest and the balance to 
principal. 

This bond is issued under and pursuant to the Constitu- 
tion and the laws of the State of Maryland, particularly 
Sections 266A to 266-1, inclusive, of Article 41 of the An- 
notated Code of Maryland (1978 Replacement Volume and 
1979 Cumulative Supplement), as amended (the ''Act"), 



310 ORDINANCES Ord. No. 50 

and under and pursuant to Ordinance No of the 

Issuer, approved by the Mayor of the Issuer on 

(the "Ordinance") , and by a resolution adopted 

by the Board of Finance of the Issuer on 

(the "Resolution"), for the purpose of financing the ac- 
quisition of a cei*tain industrial building to be located in 
the City of Baltimore (the "Industrial Building") by the 
Borrower. 

The proceeds of this bond are being loaned to the Bor- 
rower by the Issuer under a Loan Agreement dated as of 

between the Borrower and the Issuer 

(the "Loan Agreement"). 

This bond is issued under an Assignment and Security 

Agreement dated as of by and among the 

Issuer, the Bank and , as Trustee, (the 

"Assignment") and, to the extent provided therein, is 
secured and entitled to the protection given by the Assign- 
ment. Pursuant to the Assignment the Issuer has assigned 
to the Bank, its successors and assigns, (among other 
things) the "Receipts and Revenues of the Issuer from the 
Loan", which term is used herein as defined in the Assign- 
ment and which as therein defined includes all the pajments 
payable to the Issuer pursuant to the Loan Agreement and 
all other revenues of the Issuer attributable to the financing 
of the Industrial Building (excepting only the rights of the 
Issuer to indemnification by the Borrower and to pa\Tnents 
to the Issuer for expenses incurred by the Issuer itself) . 

Pursuant to the Loan Agreement, payments suflicient for 
the prompt pajTnent when due of the principal of, pre- 
mium, if any, and interest on this bond are to be paid by 
the Borrower directly to the holder hereof, and have been 
assigned for that purpose. 

As more fully provided in the Assignment, this bond 
does not constitute an indebtedness or obligation to which 
the faith and credit of the Issuer is pledged but is a limited 
obligation of the Issuer, which is obligated to pay the prin- 
cipal of, interest on, and the redemption premium (if any) 
on. this bond only out of the Receipts and Revenues of the 
Issuer from the Loan. This bond may also be paid out of 
any other moneys made available to the Issuer for the pay- 
ment thereof. By the terms of the Act, the principal of, the 



ORDINANCES 311 

interest, or the redemption premium (if any) on this bond, 
do not, and shall not ever, constitute an indebtedness or 
charg-e against the general credit or taxing powers of the 
Issuer within the meaning of any constitutional or charter 
provision or statutory limitation and shall not constitute or 
give rise to any pecuniaiy liability of the Issuer. 

Reference is hereby made to the Assignment for a full 
and complete statement of the provisions with respect to 
the custody and application of the proceeds of this bond, the 
collection and disposition of the Receipts and Revenues of 
the Issuer from the Loan assigned as security for the pay- 
ment of this bond and the interest thereon, the nature and 
extent of the security and the rights of the registered owner 
of this bond, the terms and conditions on which, and the 
purposes for which, this bond is issued and the rights, 
duties and obligations of the Issuer thereunder, to all of 
which the owner hereof, by acceptance of this bond, assents. 

In the manner and with the effect provided in the Assign- 
ment, this bond may be redeemed, at the option of the 

Issuer, prior to maturity, on or after , 

on any interest pa\Tnent date, either as a whole at any time 

or in part from time to time in multiples of $ , 

at a redemption price equal to the principal amount thereof 
to be redeemed, together with unpaid interest acciTied to the 
date fixed for redemption, without payment of premium or 
penalty, by application of moneys available for that pur- 
pose; provided, that any partial redemption shall be ap- 
plied to the principal to be redeemed in the inverse order of 
the installment payment dates. 

Any such redemption, either in whole or in part, shall be 
made upon at least 30 days' prior notice in the manner and 
upon the terms and conditions provided in the Assignment. 
If this bond or any portion hereof shall have been duly 
called for redemption, and pajrment of the redemption 
price, together with unpaid interest accrued to the date 
fixed for redemption, shall have been made, all as more fully 
set forth in the Assignment, interest on this bond or such 
portion hereof shall cease to accrue from the date fixed for 
redemption, and from and after such date this bond or the 
portion hereof duly called for redemption shall no longer be 
entitled to any benefit or security under the Assignment, 



812 ORDINANCES Ord. No. 50 

and, except as provided in Section 3.5 of the Loan Agree- 
ment, the registered owner hereof shall have no rights in 
respect of this bond or such portion hereof so called for re- 
demption except to receive pa>TTient of such redemption 
price and unpaid interest accrued to the date fixed for re- 
demption. 

The amount of any partial redemption, and the date on 
which the same is made, shall be noted by the registered 
owner on Schedule B attached hereto and made part hereof. 

In certain events, on the conditions, in the manner and 
with the effect set forth in the Assignment, the principal of 
this bond may become or may be declared due and payable 
before the stated maturity thereof, together with the 
interest accrued thereon. 

The owner of this bond shall have no right to enforce the 
provisions of the Assignment, or to institute action to en- 
force the covenants therein, or to take any action with re- 
spect to any default under the Assignment, or to institute, 
appear in or defend any suit or other proceeding with re- 
spect thereto, except as provided in the Assignment. 

This bond shall be registered on the books of the Issuer 
to be kept for that purpose at the office of the Director of 
Finance of the Issuer or any other person maintaining books 
for the registration and transfer of the bond pursuant to 
the provisions of the Assignment (the "Bond Registrar"). 
This bond shall be transferable only upon such books at 
such office by the registered owner or by its duly authorized 
officer or attorney. This bond may be transferred upon sur- 
render hereof at the principal office of the Bond Registrar 
^vith a written instrument or transfer satisfactory to the 
Bond Registrar, duly executed by the registered owner 
hereof or his duly authorized attorney. Such transfers shall 
be without charge to the registered owner hereof, but any 
taxes or other governmental charges required to be paid 
with respect to the same shall be paid by the registered 
owner requesting such transfer as a condition precedent to 
the exercise of such privilege. 

The Issuer and the Borrower may deem and treat the 
person in whose name this bond is registered as the absolute 
owner hereof for all purposes; and neither the Issuer nor 
the Borrower shall be affected by any notice to the contrary. 



ORDINANCES 313 

All acts, conditions and things required by the Constitu- 
tion and statutes of the State of ^Maryland, the Ordinance, 
the Resolution and the Assignment to exist, to have hap- 
pened and to have been performed precedent to and in the 
issuance of this bond, do exist, have happened and have been 
pei'formed. 

No covenant or agreement contained in this bond or the 
Assignment shall be deemed to be a covenant or agreement 
of any officer, agent or employee of the Issuer in his or her 
individual capacity, and neither the members of the City 
Council of Baltimore nor any official executing this bond 
shall be liable personally on this bond or be subject to any 
personal liability or accountability by reason of the issuance 
of this bond. 

IN WITNESS WHEREOF, the Issuer has caused this 
bond to be executed in its name and on its behalf by the 
Mayor of the Issuer by his manual or facsimile signature, 
and by the Director of Finance of the Issuer, by his manual 
or facsimile signature, and has caused its corporate seal or 
a facsimile thereof to be impressed or otherwise reproduced 
hereon, and attested by the Custodian of the City Seal of the 
Issuer, bv his manual signature, all as of the .... day of 
, 19... 

MAYOR AND CITY COUNCIL 
OF BALTIMORE 



[SEAL] By 

Mayor 

ATTEST : 



By 

Custodian of the City Seal Director of Finance 

SCHEDULE A 
No. R-1 $ 



Baltimore City, Maryland 

Industrial Development Revenue Bond 

(Rentex Corporation Project) 



814 ORDINANCES Ord. No. 50 

Date Principal Installment 

SCHEDULE B 
No. R-1 $ 



Baltimore City, Maryland 

Industrial Development Revenue Bond 

(Rentex Corporation Project) 



Amount of 
Date Redemption 



Sec. 6. And be it further ordained, That the Bonds 
shall be executed in the name of the City and on its behalf 
by the Mayor of the City, by his manual or facsimile signa- 
ture, and by the Director of Finance of the City, by his 
manual or facsimile signature, and the corporate seal of 
the City or a facsimile thereof shall be impressed or other- 
wise reproduced thereon and attested by the Custodian 
of the City Seal, by his manual signature. The Loan Agree- 
ment, the Assignment and, where applicable, all other doc- 
uments as the Board shall deem necessar>' to effectuate 
the issuance, sale and deliverj^ of the Bonds, shall be exe- 
cuted in the name of the City and on its behalf by the Mayor 
of the City by his manual or facsimile signature, and the 
corporate seal of the City or a facsimile thereof shall be 
impressed or othenvise reproduced thereon and attested by 
the Custodian of the City Seal by his manual signature. In 
case any officer whose signature or a facsimile of whose sig- 
nature shall appear on the Bonds or any of the aforesaid 
documents shall cease to be such officer before the delivery 
of the Bonds or any of the other aforesaid documents, such 
signature or such facsimile shall nevertheless be valid and 
sufficient for all purposes, the same as if such officer had re- 
mained in office until delivery. The ^layor of the City, the 
Director of Finance of the City, the Custodian of the City 
Seal and other officials of the City are hereby authorized 
and empowered to do all such acts and things and execute 
such documents and certificates as the Board may determine 



ORDINANCES 315 

in the Resolution to be necessar>' to carry out and comply 
with the provisions hereof. 

Sec. 7. And be it further ordained, That the Bonds shall 
be executed, issued and delivered at any time or from time to 
time and in such amount or amounts not exceeding, in the 
aggregate, the principal amount of $1,000,000, as the Board 
shall prescribe in the Resolution. 

Sec. 8. And be it further ordained, That the Bonds may 
be dated, may be in such denominations, may be of such 
tenor (not inconsistent with the foiTn of the Bonds set forth 
in Section 5 of this Ordinance) , and may be payable in such 
amounts at such times not exceeding 30 years from the date 
thereof and at such place or places as the Board shall pre- 
scribe in the Resolution. 

Sec. 9. And be it further ordained, That the Bonds will be 
subject to redemption prior to maturity upon substan- 
tially the teiTns and conditions contained in the form of the 
Bonds set forth in Section 5 of this Ordinance and upon 
such other teiTns and conditions as the Board shall pre- 
scribe in the Resolution. 

Sec. 10. And be it further ordained. That prior to the 
issuance, sale and delivery of any of the Bonds, the Board 
shall adopt the Resolution pursuant to which the Board 
may: 

(a) prescribe the final form, tenor, terms and conditions 
of and security for the Bonds ; 

(b) prescribe the actual amounts, rate or rates of in- 
terest (within the limits herein prescribed), denominations, 
date, actual maturity or maturities (within the limits herein 
prescribed), and the place or places of payment of the 
Bonds, and the final terms and conditions and details under 
which the Bonds may be called for redemption prior to 
their stated maturity; 

(c) approve the form and contents, and authorize the 
execution and delivery (where applicable) of (i) the Loan 
Agreement, (ii) the Assignment and (iii) such other docu- 
ments, including (without limitation) mortgages, deeds of 
trust, guaranties and security- instruments as the Board 



816 ORDINANCES Ord. No. 50 

shall deem necessary to effectuate the issuance, sale and 
delivery of the Bonds; 

(d) deteiTnine the time or times of execution, issuance, 
sale and delivery of the Bonds and prescribe any and all 
other details of the Bonds ; 

(e) provide for the direct payment by the Borrower of 
all costs, fees and expenses incurred by or on behalf of the 
City in connection with the issuance, sale and delivery- of the 
Bonds, includinp^ (without limitation) costs of printing (if 
any) and issuing the Bonds, legal expenses (including the 
fees of Bond Counsel) and compensation to any person 
(other than full time employees of the City) performing 
services by or on behalf of the City in connection therewith ; 
and 

(f) do any and all things, and authorize the officials of 
the City to do any and all things, necessary, proper or expe- 
dient in connection with the issuance, sale and delivery of 
the Bonds. 

Sec. 11. And be it further ordained. That the Loan Agree- 
ment shall contain such tenns, provisions and conditions as 
the Board shall prescribe in the Resolution, which may 
include (without limitation) : 

(a) provisions for the making of the Loan by the City to 
the Borrower and provisions for the repayment by the Bor- 
rower of the principal of and premium (if any) and interest 
on the Loan; 

(b) a description of any security for the Loan; 

(c) such representations, warranties, findings and af- 
firmative and negative covenants as the Board may deter- 
mine to be necessary, proper or expedient in connection 
with the issuance, sale and deliver}^ of the Bonds; 

(d) provisions for the issuance of the Bonds, the com- 
mencement and completion of the Industrial Building, and 
the application and disbursement of the proceeds of the 
Bonds ; 

(e) provisions regarding the duration of the term of the 
Loan, ownership and possession of the Industrial Building 
and the amounts payable by the Borrower ; 



ORDINANCES 317 

(f) provisions regarding damage to and condemnation 
of the Industrial Building or any part thereof and the ap- 
plication of the net proceeds of any insurance claim or con- 
demnation award; 

(g) provisions for the appointment of an authorized 
City representative and an authorized Borrower representa- 
tive; 

(h) covenants with respect to the use, maintenance, 
modification, operation and transfer of, and access to, the 
Industrial Building and with respect to the use of the pro- 
ceeds of the Bonds ; 

(i) provisions regarding the assignment of the Loan 
Agreement ; 

(j) provisions regarding the prepayment of the Loan 
by the Borrower; 

(k) provisions regarding the remedies of the holder of 
the Bonds in the event of default; and 

(1) such other terms, provisions and conditions as the 
Board may determine to be necessary, proper or expedient 
in connection with the issuance, sale and delivery of the 
Bonds. 

Sec. 12. And be it further ordained, That the Assignment 
shall contain such terms, provisions and conditions as the 
Board shall prescribe in the Resolution for the protection 
and enforcement of the rights and remedies of the holders 
of the Bonds, which may include (without limitation) : 

(a) a description of the Bonds and the form of the 
Bonds; 

(b) the manner of execution and transfer of the Bonds; 

(c) the terms and conditions under which the Bonds 
may be redeemed prior to their stated maturity and the 
details of the procedure for the redemption of the Bonds; 

(d) provisions of the custody and application of and 
security for the proceeds of the Bonds and the investment of 
such proceeds; 

(e) the remedies of the holders of the Bonds in the 
event of default; 



818 ORDINANCES Ord. No. 50 

(f) the duties, rights and immunities of the Trustee; 

(g) provisions for the defeasance of the Assignment; 
and 

(h) such other terms, provisions and conditions as the 
Board may determine to be necessary, appropriate or ex- 
pedient in connection with the issuance, sale and delivery 
of the Bonds. 



Sec. 13. And be it further ordained, That, as authorized 
by the Act, the Bonds shall be sold to the Original Pur- 
chaser by private (negotiated) sale upon such terms and 
conditions as shall be approved by the Board in the Resolu- 
tion. 



Sec. 14. And be it further ordained, That neither the 
Bonds nor the interest thereon shall ever constitute an 
indebtedness or general obligation of the City or a charge 
against the general credit or taxing powers of the Cit>^ 
within the meaning of any constitutional or charter pro- 
vision or statutorj^ limitation, and neither shall ever consti- 
tute or give rise to any pecuniary liability on the part of 
the City. The Bonds, and the interest thereon, shall be 
limited obligations of the City, the principal of and interest 
on which Bonds shall be payable by the City solely from 
the revenue derived from Loan repajnnents (both principal 
and interest) made to the City by the Borrower on account 
of the Loan and, to the extent provided by the Board in the 
Resolution, from the proceeds of the Bonds, and from any 
other moneys made available to the City for such purpose. 
The proceeds of the Bonds will be deposited with the Trustee 
to be held and disbursed by the Trustee as provided in the 
Assignment to be approved by the Board in the Resolution. 
The payments to be made by the Borrower pursuant to the 
Loan Agreement will be paid directly to the holder of the 
Bonds. No such moneys will be commingled with the City's 
funds or will be subject to the absolute control of the City, 
but will be subject only to such limited supervision and 
checks as are deemed necessary or desirable by the City to 
insure that the proceeds of the Bonds are used to accomplish 
the public purposes of the Act and this Ordinance. 



i 



ORDINANCES 319 

Sec. 15. And be it further ordained, That in considera- 
tion of the purchase and acceptance of the Bonds by those 
who shall hold the Bonds from time to time, the City does 
hereby, and by the execution and delivery of the Assignment 
to be approved by the Board of Finance, shall pledge the 
income and revenue under the Loan Agreement (other than 
payments to the City for indemnification or to reimburse the 
City for expenses incurred by the City itself) to the Original 
Purchaser, its successors and assigns, to be used and applied 
for the payment of the principal of and premium (if any) 
and interest on the Bonds. Pursuant to the terms of the 
Loan Agreement, to be approved by the Board in the Reso- 
lution, payments sufficient for the prompt payment when 
due of the principal of, premium, if any, and interest on the 
Bonds are to be paid by the Borrower directly to the holder 
of the Bonds for the account of the City, and such payments 
shall be assigned by the City to the Original Purchaser, its 
successors and assigns, under the Assignment. 

Sec. 16. And be it further ordained, That the Borrower 
shall agree that : 

(a) It will submit any plans and specifications for the 
acquisition of the Industrial Building to the Department of 
Housing and Community Development for approval, with 
the understanding that, in addition to the economic feasi- 
bility of the acquisition of the Industrial Building, the 
Department of Housing and Community Development may 
consider, without limitation, the suitability of the site plan, 
architectural treatment, building plans, elevations, ma- 
terials, color construction details, access, parking, loading, 
landscaping, identification signs, exterior lighting, refuse 
collection details, streets, sidewalks, and harmony between 
the plans and the surroundings of the proposed Industrial 
Building and that the Department of Housing and Com- 
munity Development may refuse approval of any such plans 
and specifications for aesthetic or functional reasons; and 

(b) It and its developers will work with the design ad- 
visory group appointed by the Department of Housing and 
Community Development in order to achieve high qualit>^ 
site, building, and landscape design. 



820 ORDINANCES Ord. No. 51 

Sec. 17. And be it further ordained, That the provisions 
of this Ordinance are severable, and if any provision, sen- 
tence, clause, section or part hereof is held illegal, invalid 
or unconstitutional or inapplicable to any person or cir- 
cumstances, such illegality, invalidity or unconstitutionality, 
or inapplicability shall not affect or impair any of the re- 
mainin^r i^rovisions, sentences, clauses, sections, or parts of 
this Ordinance or their application to other persons or cir- 
cumstances. It is hereby declared to be the legislative intent 
that this Ordinance would have been passed if such illegal, 
invalid or unconstitutional provision, sentence, clause, sec- 
tion or part had not been included herein, and if the person 
or circumstances to which this Ordinance or any part hereof 
are inapplicable had been specifically exempted herefrom. 

Sec. 18. A72d be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved May 1, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 51 

(Council No. 104) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION- 
DEPARTMENT OF HOUSING AND 
COMMUNITY DEVELOPMENT 

FOR the purpose of providing a supplementary special 
fund appropriation in the amount of Nineteen Thousand 
Two Hundred Fifty Dollars ($19,250) to the Department 
of Housing and Community Development to be used for 
assisting implementation of the Howard Park Commer- 
cial Revitalization Urban Renewal Plan. 

BY authority of 

Article VI — Board of Estimates 

Section 2(h) (2) 

Baltimore City Charter (1964 Revision as amended) 



I 



ORDINANCES 321 

Whereas, the money appropriated herein represents a 
grant from a public source which could not be expected 
with reasonable certainty at the time of formulation of 
the fiscal 1980 Ordinance of Estimates; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, the recommendation having 
been made at a regular meeting of said Board held on the 
6th day of February, 1980, all in accordance with Article 
VI, Section 2(h) (2) of the Baltimore City Charter (1964 
Revision as amended). 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2(h) (2) of the 1964 revision of the Charter of Balti- 
more City, the sum of Nineteen Thousand Two Hundred 
Fifty Dollars ($19,250) shall be made available to the De- 
partment of Housing and Community Development of the 
City of Baltimore as a supplementary special fund appro- 
priation for the fiscal year ending June 30, 1980 for the 
purpose of assisting implementation of the Howard Park 
Commercial Revitalization Urban Renewal Plan. The 
amount thus made available as a supplementary special 
fund appropriation shall be expended from a grant of funds 
to the Mayor and City Council of Baltimore by the State Re- 
gional Planning Council, said sum being specifically allotted 
to the Mayor and City Council of Baltimore for the afore- 
said purpose; and said funds from said State Regional 
Planning Council shall be the source of revenue for this 
supplementary special fund appropriation, as required by 
Article VI, Section 2 of the Baltimore City Charter (1964 
Revision as amended). 

Sec. 2. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 1, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



322 ORDINANCES Ord. No. 52 

No. 52 
(Council No. 72) 

AN ORDINANCE concerning 

FRANCHISE— BRIDGEWAY FOR BUDEKE'S PAINTS 

FOR the pui-pose of granting permission and authority to 
Budeke's Paints, a corporation, to construct, maintain 
and use a one-story enclosed bridgeway above and across 
the sui-face of an unnamed alley lying perpendicular to 
Eastern Avenue, to the east of 1636 Eastern Avenue and 
lying between Broadway and Bethel Street, said bridge- 
way connecting the second floor of the premises located 
at 418 South Broadway to the second floor of the prem- 
ises located at 1636 Eastern Avenue. 



Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That permission and authority be and the 
same hereby is granted to the Budeke's Paints, a corpora- 
tion, to construct and maintain, at its o\\'n cost and ex- 
pense, for a period not exceeding 25 years, a one story 
enclosed bridgeway above and across the surface of an 
unnamed alley lying between Broadway and Bethel Street, 
said bridgeway connecting the second floor of the premises 
located at 418 South Broadway to the second floor of the 
premises located at 1636 Eastern Avenue. 

Sec. 2. And be it further ordained. That the entrances 
from said superstructure or bridgeway to said buildings 
shall be equipped with automatic, self-closing fire doors, 
and that the bottom of said superstructure or bridgeway 
shall be not less than 14 feet from the surface of the center 
of said street and that said superstructure or bridgeway, 
shall be 5 feet wide, 7 feet 6 inches high, and 13 feet 10 
inches long. No combustible materials shall be used in 
the construction of same, and the said superstructure or 
bridgeway shall be erected and completed under the super- 
vision and to the satisfaction of the Bureau of Building 
Inspection of Baltimore City, and shall be at all times 
hereafter subject to regulation and control by the said 
Bureau of Building Inspection. 



I 



ORDINANCES 323 

No woodwork or other combustible materials shall be 
used in the construction or maintenance of said one-story 
enclosed bridgeway, and said structure shall be constructed 
in all respects in accordance with the Building Code of 
Baltimore City and shall be completed and maintained 
under the supen-ision and to the satisfaction of the Com- 
missioner, Department of Housing and Community De- 
velopment of Baltimore City, and shall be at all times here- 
after, subject to regulation and control by the said Commis- 
sioner. 

Sec. 3. And be it further ordained. That the Mayor and 
City Council of Baltimore hereby expressly reserves the 
right and power at all times to exercise, in the interest 
of the public, full municipal superintendence, regulation 
and control in respect to all matters connected with this 
grant, and not inconsistent with the terms thereof. THE 
FRANCHISE HEREIN GRANTED SHALL BE HELD, 
EXERCISED AND ENJOYED FOR A PERIOD OF ONE 
YEAR FROM THE EFFECTIVE DATE OF THIS OR- 
DINANCE WITH THE FURTHER RIGHT TO THE 
GRANTEE TO TWENTY-FOUR (24) CONSECUTIVE 
ONE YEAR RENEWALS OF THE FRANCHISE EACH 
SUCH RENEWAL TO BE FOR A PERIOD OF ONE 
YEAR UPON THE SAME TERMS AND CONDITIONS 
AS THE ORIGINAL ONE YEAR GRANT EXCEPT AS 
OTHERWISE PROVIDED HEREIN. EACH ONE YEAR 
RENEWAL PERIOD SHALL TAKE EFFECT IMME- 
DIATELY UPON THE EXPIRATION OF THE ORIG- 
INAL OR RENEWAL TERM THEN IN FORCE WITH- 
OUT ANY ACTION BEING TAKEN ON BEHALF OF 
EITHER THE MAYOR AND CITY COUNCIL OF BAL- 
TIMORE OR THE GRANTEE BUT THE TOTAL 
PERIOD OF TIME DURING WHICH THE FRANCHISE 
SHALL OPERATE INCLUDING THE ORIGINAL 
TERM AND ALL RENEWALS THEREOF SHALL NOT 
EXCEED IN THE AGGREGATE TWENTY-FIVE 
YEARS. PROVIDED THAT THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, ACTING BY AND 
THROUGH THE BOARD OF ESTIMATES, MAY IN- 
CREASE OR DECREASE THE FRANCHISE CHARGE 
PAYABLE BY THE GRANTEE UNDER THE PROVI- 
SIONS HEREOF BY GIVING WRITTEN NOTICE TO 



324 ORDINANCES Ord. No. 52 

THAT EFFECT TO THE CxRANTEE AT LEAST ONE 
HUNDRED AND FIFTY (150) DAYS PRIOR TO THE 
EXPIRATION OF THE ORICxINAL ONE YEAR TERM 
GRANTED HEREIN OR ANY YEARLY RENEWAL 
TERM HEREIN GRANTED AND THEN IN EFFECT; 
ANY SUCH INCREASE OR DECREASE OF SAID 
FRANCHISE CHARGE TO BE OPERATIVE AS TO ALL 
YEARLY RENEWAL TERMS HEREIN GRANTED 
WHICH BECOME EFFECTIVE AFTER ANY IN- 
CREASE OR DECREASE IN SAID FRANCHISE 
CHARGE HAS OCCURRED. PROVIDED FURTHER 
THAT EITHER THE MAYOR AND CITY COUNCIL 
OF BALTIMORE, ACTING BY AND THROUGH THE 
DIRECTOR OF PUBLIC WORKS, OR THE GRANTEE 
MAY TERMINATE THE FRANCHISE GRANTED 
HEREIN BY GIVING WRITTEN NOTICE TO THAT 
EFFECT TO THE OTHER AT LEAST NINETY (90) 
DAYS PRIOR TO THE EXPIRATION OF THE ORIG- 
INAL ONE YEAR TERM GRANTED HEREIN OR ANY 
ONE YEAR RENEWAL TERM HEREIN GRANTED 
AND THEN IN EFFECT. 

Sec. 4. And he it further ordained, That the franchise 
or rig-ht granted by this ordinance shall be executed and 
enjoyed within oightoon SIX months after the grant. 

Sec. 5. And be it further ordained, That the said grantee, 
its successors and assigns, shall maintain the said one- 
stor>^ enclosed bridgeway in good condition throughout the 
full teiTn of this grant, so long as said bridgeway remains 
in and above said street. 

Sec. 6. And be it further ordained. That the said grantee, 
its successors and assigns, shall pay to the said Mayor 
and City Council of Baltimore, as compensation for the 
franchise or privilege hereby granted, the sum of $156.15 
per year, payable in advance during the continuance of 
this franchise or privilege, provided, howovor, that the 
Mayor ftft4 Gi^ Council (d Baltimore, acting by dR4 
th. rough U^ Board o^ Ef . timatos, fftrW iiicroa g-.o o^ decr e as e 
th^ franchi fe o charg e payable by 4h^ grantee under the 
proviy,ions hereof by giving written notice to that effect 



ORDINANCES 325 

to tho grantoo at loast o»^ hundrod afi4 MW (150) day s 
prior to tbo oxpiration of tho fo^ frv^ yoars of tho torm 
granted h e r e in ^ Q¥ at the expiration of a»y subsequent frve 
-f&^ year period of sai4 term grant e d herein, aay such m- 
crease Q¥ d e crea se of sai4 franchis e charg e to be effectiv e 
as of the beginning of the n e xt succeeding five 4^ year 
period of the te«» granted herein. OR ANY RENEWAL 
THEREOF SUBJECT TO THE INCREASE OR DE- 
CREASE OF THIS CHARGE AS PROVIDED IN SEC- 
TION 3 HEREIN. 

Sec. 7. And be it further ordained, That non-compliance 
at any time or times with any of the terms or conditions of 
the grant hereby made shall, at the option of the Mayor 
and City Council of Baltimore, operate as a forfeiture of 
the same, which shall thereupon be and become void, and 
that nothing short of an ordinance of the Mayor and City 
Council of Baltimore shall operate as a waiver of any for- 
feiture of the grant hereby made. 

Sec. 8. And be it further ordained, That the Mayor of 
Baltimore City shall have the right to revoke the rights and 
privileges hereby granted at any time or times when, in his 
judgment, the public interest, welfare, safety, or con- 
venience requires such revocation, and upon written notice 
to that effect from the Mayor of Baltimore City served 
upon the grantee, its successors or assigns, all such rights 
shall cease and determine. 

Sec. 9. And be it further ordained, That in the event 
of any revocation, forfeiture, or termination of the rights 
and privileges by this ordinance granted, the said grantee, 
its successors and assigns, shall, at their expense, promptly 
remove said one story enclosed bridgeway in a manner 
satisfactory to the Commissioner, Department of Housing 
and Community Development, without any compensation 
to the grantee, its successors and assigns. 

Sec. 10. And be it further ordained. That the said 
grantee, its successors and assigns, shall be liable for and 
shall indemnify and save harmless the Mayor and City 
Council of Baltimore from and against any and all suits. 



326 ORDINANCES Ord. No. 52 

losses, costs, claims, damages, or expenses to which the said 
Mayor and City Council of Baltimore may, from time to 
time, be subjected on account of, by reason of, or in any 
way resulting from — 

A. the presence, construction, use, operation, main- 
tenance, alteration, repair, location, relocation, or removal 
of said one-story enclosed bridgeway; and 

B. Any failure on the part of said grantee, its succes- 
sors and assigns, to perform, promptly and properly, any 
of the duties or obligations imposed upon it or them by the 
terms and provisions of this ordinance. 

Sec. 11. And be it further ordained, That said Budeke's 
Paints, its successors or assigns, shall pay to the City within 
30 days after written notice from the Director of Public 
Works of Baltimore City, of the amount due, the cost of 
relocating, strengthening, or encasing in concrete all sub- 
surface structures belonging to the Mayor and Cit>' Council 
of Baltimore located in said street, in or adjacent to the 
space to be occupied by said bridgeway, and shall also 
pay to the City, within 30 days after written notice from 
the said Director of Public Works of the amount due, the 
cost of relocating any surface structures belonging to the 
City made necessaiy by the construction of said bridgeway, 
the judgment of the Director of Public Works as to the 
work necessary to safeguard said subsurface structures 
and as to the necessity of relocating any surface structures 
to be final. 

Sec. 12. And he it further ordmned. That this ordinance 
shall take effect thirty (30) days from the date of its 
passage. 

Approved May 8, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



I 



ORDINANCES 327 

No. 53 
(Council No. 100) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION- 
DEPARTMENT OF HOUSING AND COMMUNITY 
DEVELOPMENT 

FOR the purpose of providing a supplementary special 
fund appropriation in the amount of Fort^^' - onQ Thousand 
Fotw^ Hundred Eighty - nin e Dollars ($11,189) THIRTY 
THOUSAND DOLLARS ($30,000) to the Department of 
Housing and Community Development to be used for 
assisting implementation ef educational projects io^ 
^«feji€ hou s ing tenants^ THE IN-HOME NUTRITION 
EDUCATION PROGRAM AND THE RESTORATION 
PLUS OUTREACH PROGRAM. 

BY authority of 
Article VI — Board of Estimates 
Section 2(h) (2) 
Baltimore City Charter (1964 Revision as amended) 

Whereas, the money appropriated herein represents 
a grant from a public source which could not be expected 
with reasonable certainty at the time of formulation of the 
fiscal 1980 Ordinance of Estimates; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, the recommendation having 
been made at a regular meeting of said Board held on the 
6th day of February 1980, all in accordance with Article 
VI, Section 2(h) (2) of the Baltimore City Charter (1964 
Revision as amended). 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2(h) (2) of the 1964 revision of the Charter of Bal- 
timore Citv, the sum of Forty one Thousand Four Hundred 
Eighty nin e Dollars ($11,189) THIRTY THOUSAND 
DOLLARS ($30,000) shall be made available to the De- 
partment of Housing and Community Development of the 



328 ORDINANCES Ord. No. 54 

City of Baltimore as a supplementary special fund appro- 
priation for the fiscal year ending June 30, 1980 for the 
purpose of ass i fe tinpf implem e ntation of educational proj e cts 
foi: i^uWi€ hou s ing tonantn. THE IN-HOME NUTRITION 
EDUCATION PROGRAM AND THE RESTORATION 
PLUS OUTREACH PROGRAM. The amount thus made 
available as a supplementary special fund appropriation 
shall be expended from a grant of funds to the ]Mayor and 
City Council of Baltimore by the U.S. Department of 
Health, Education and Welfare, said sum being specifically 
allotted to the Mayor and City Council of Baltimore for the 
aforesaid purpose; and said funds from said U.S. Depart- 
ment of Health, Education and Welfare shall be the source 
of revenue for this supplementary special fund appropria- 
tion, as required by Article VI, Section 2 of the Baltimore 
City Charter (1964 Revision as amended) . 

Sec. 2. And be it further ordained. That this ordinance 
shall take effect from the date of its passage. 

Approved May 8, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 54 
(Council No. 105) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION- 
URBAN SERVICES AGENCY 

FOR the purpose of providing a supplementary^ special 
fund appropriation in the amount of Eight Million 
Five Hundred Thousand Dollars ($8,500,000) to the 
Urban Sei'vices Agency to be used for energy-related 
emergencies of low income families. 

BY authority of 

Article VI — Board of Estimates 

Section 2(h) (2) 

Baltimore City Charter (1964 Revision as amended) 



ORDINANCES 329 

Whereas, the money appropriated herein represents a 
grant from a public source which could not be expected 
with reasonable certainty at the time of formulation of the 
fiscal 1980 Ordinance of Estimates; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, the recommendation having 
been made at a regular meeting of said Board held on the 
6th day of February, 1980, all in accordance with Article 
VI, Section 2(h) (2) of the Baltimore City Charter (1964 
Revision as amended) . 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2(h) (2) of the 1964 revision of the Charter of Bal- 
timore City, the sum of Eight Million Five Hundred Thou- 
sand Dollars ($8,500,000) shall be made available to the 
Urban Services Agency of the City of Baltimore as a sup- 
plementary special fund appropriation for the fiscal year 
ending June 30, 1980 for the purpose of energy-related 
emergencies of low income families. The amount thus 
made available as a supplementary special fund appropria- 
tion shall be expended from a grant of funds to the Mayor 
and City Council of Baltimore by the State of Maryland, 
Department of Human Resources, said sum being specifi- 
cally allotted to the Mayor and City Council of Baltimore 
for the aforesaid purpose; and said funds from said State 
of Maryland, Department of Human Resources, shall be the 
source of revenue for this supplementary special fund ap- 
propriation, as required by Article VI, Section 2 of the 
Baltimore City Charter (1964 Revision as amended). 

Sec. 2. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 8, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



880 ORDINANCES Ord. No. 55 

No. 55 
(Council No. 120) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION- 
BOARD OF ESTIMATES 

FOR the purpose of providing a supplementary general 
fund appropriation in the amount of Two Hundred Fifty 
Thousand Dollars ($250,000) to the Board of Estimates 
to be used for payment of operating expenses of the Lex- 
ington Market. 

BY authority of 

Article VI — Board of Estimates 

Section 2(h)(3) 

Baltimore City Charter (1964 Revision as amended) 

Whereas, the money appropriated herein represents cer- 
tain surplus general funds carried over from the preceding 
fiscal year which have become a part of the general revenue 
of the City and available for general expenditures of the 
City in the current fiscal year, as provided in Article VI, 
Section 2(i) of the 1964 revised Charter of Baltimore City, 
as amended ; and 

Whereas, the additional sum here appropriated is for a 
new program which could not reasonably be anticipated at 
the time of the proposed Ordinance of Estimates for the 
1980 fiscal year, in accordance with Article VI, Section 
2(h) (3) of said Charter; and 

Whereas, the supplementary general fund appropriation 
ordained herein has been recommended to the City Coun- 
cil by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
27th day of Februaiy, 1980, all in accordance with Article 
VI, Section 2(h) (3) of said Charter. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the pro\isions of Article VI, Sec- 
tion 2 of the 1964 revision of the Charter of Baltimore City 
as amended, the sum of Two Hundred Fifty Thousand Dol- 
lars ($250,000) shall be made available to the Board of 



ORDINANCES 331 

Estimates of the City of Baltimore as a supplementary 
general fund appropriation for the fiscal year ending June 
30, 1980, for the purpose of payment of operating ex- 
penses of the Lexington Market. The amount thus made 
available as a supplementaiy general fund appropriation 
shall be expended from surplus general funds of the Mayor 
and City Council of Baltimore carried over from the pre- 
ceding budget year; and said funds from the said surplus 
shall be the source of revenue for this supplementary gen- 
eral fund appropriation, as required by Article VI, Section 
2 of the Baltimore City Charter (1964 Revision as 
amended) . 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 8, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 56 

(Council No. 143) 

AN ORDINANCE concerning 

MIDFA LOAN TO MAYOR AND CITY COUNCIL 

OF BALTIMORE FOR THE BENEFIT OF 

THOMAS AND STEIGERWALD 

FOR the purpose of supplementing Ordinance No. 1097 of 
Mayor and City Council of Baltimore, approved June 20, 
1979, which supplemented Ordinance No. 928 of Mayor 
and City Council of Baltimore, approved December 13, 
1978, which authorized and empowered Mayor and City 
Council of Baltimore to borrow, as a limited obligation 
and not upon the full faith and credit of Mayor and City 
Council of Baltimore, in accordance ^^^th the Maryland 
Industrial Development Financing Authority Act (the 
"MIDFA Act"), a sum not to exceed $2,000,000 (the 
"Loan") , to use such money for the purpose of defraying 
the cost of acquiring certain real property located at 



882 ORDINANCES Ord. No. 56 

2001-2031 Kloman Street, Ward 25, Section 5, Block 
7612, Lot 1, Baltimore, Maryland and equipment, and 
constructinfT certain improvements thereon ; to lease the 
aforesaid real property, equipment and improvements to 
Charles W. Thomas and J. Edg-ar Steigenvald, who will 
sublease the aforesaid real property, equipment and im- 
provements to McNamara Fabricators, Inc., or, in the 
alternative, to the extent permitted by the MIDFA Act, 
as amended from time to time, to lend the proceeds of 
the Loan to Thomas and Steigenvald for the puiTX)se 
of financing the acquisition of the real property and 
equipment, and the construction of the improvements, by 
(1) making certain technical corrections in the preamble, 
Section 2 and Section 7 (ii) of Ordinance No. 1097 to 
indicate that Ordinance No. 1097, supplementing Ordi- 
nance No. 928, was for the purpose of authorizing Addi- 
tional Financing in the sum of §450,000 rather than the 
sum of $350,000, as indicated therein, to indicate that 
the maximum sum authorized for the City's Promissory 
Note was to be ?2,000,000 rather than the Sl,900,00b 
indicated therein, and to indicate that the date of the 
Revised Letter of Intent was May 4, 1979, (2) increasing 
the rate of interest payable on the Loan in the event that 
such interest is detennined to be exempt from federal 
income taxes, as authorized by Ordinance No. 928, sup- 
plemented by Ordinance No. 1097, and as supplemented 
by this Ordinance, from seven and three-quarters percent 
(7%%) per annum to an amount equal to sixty- five per- 
cent (65%) of the prime rate of interest in effect from 
time to time at The Equitable Trust Company, provided, 
however, that in no event shall the rate of interest pay- 
able exceed an amount equal to eleven and one-half per- 
cent (111/2*^^) per annum, or be less than seven and one- 
half percent (7V^2%) per annum, (3) authorizing ]\Iayor 
and City Council to accept the Supplemental Letter of 
Intent from Thomas and Steigerwald dated March 11, 
1980, (4) authorizing McNamara Fabricators, Inc. to 
sublease or sub-sublease a portion of the real pi-operty, 
equipment and improvements to one or more tenants, and 
(5) providing that any other alternative method of 
financing, if available under the MIDFA Act, as amended 
from time to time, may be utilized to finance the acquisi- 



ORDINANCES 333 

tion of the real property and equipment, and the con- 
struction of the improvements thereon. 

By authority of Article 41 of the Annotated Code of 
Maiyland (1978 Replacement Volume, 1979 Cumulative 
Supplement) as amended (the ''MIDFA Act"), Sections 
266J to 266CC. 

RECITALS 

Whereas, Ordinance No. 928, approved December 13, 

1978, authorized Mayor and City Council of Baltimore 
(the "City") to borrow from The Equitable Trust Com- 
pany, a Maryland banking corporation (the ''Bank"), as 
a limited obligation and not upon the full faith and credit 
of the City, in accordance with the Maryland Industrial 
Development Financing Authority Act, Sections 266J to 
266CCt inclusive of Article 41 of the Annotated Code of 
Maiyland, as amended (the ''MIDFA Act"), a sum of 
money not to exceed $1,550,000 (the ''Original Borrow- 
ing") ; to use such money for the purpose of defraying 
the cost of acquiring certain real property located at 
2001-2031 Kloman Street, Ward 25, Section 5, Block 
7612, Lot 1, Baltimore, Maiyland (the "Property") and 
constructing certain improvements thereon (the "Origi- 
nal Improvements") ; to lease the Property and the 
Original Improvements to Charles W. Thomas and J. 
Edgar Steigenvald ("Thomas and Steigerwald") who 
will sublease the Property and the Original Improve- 
ments to McNamara Fabricators, Inc. ("McNamara") ; 
to execute any and all documents necessary to effectuate 
and to secure payment of the Original Borro\\ing, acqui- 
sition, construction and leasing; and provided that the 
full faith and credit of the City should not be deemed 
to be pledged by any of the documents executed in con- 
nection with the Original Borrowing; and 

Whereas. Ordinance No. 1097, approved June 20, 

1979, supplemented Ordinance No. 928, by increasing the 
amount of the borrowing authorized under Ordinance 
No. 928 by the amount of $450,000 (the "Additional 
Financing"), so that the total amount which the City is 
authorized to borrow under Ordinances Nos. 928 and 
1097 shall be a sum not to exceed $2,000,000 (the 



884 ORDINANCES Ord. No. 56 

"Loan"); by providing that the Loan shall be used for 
the purposes set forth in Ordinance No. 928 and for the 
purix)se of defraying* the cost of construction of certain 
other improvements on the Property and for the acquisi- 
tion of certain equipment to be used in connection with 
the Property and the improvements thereon (the Prop- 
erty and all of the improvements and the equipment to be 
acquired with the proceeds of the Loan are hereinafter 
collectively referred to as the "Project") ; by providing 
that the City may acquire the Project with the proceeds 
of the Loan and lease the Project to Thomas and Steiger- 
wald in the manner set forth in Ordinance No. 928 or in 
the alternative, to the extent permitted by the IMIDFA 
Act, as amended from time to time, lend the proceeds of 
the Loan to Thomas and Steigerwald for the purpose of 
financing the acquisition of the Project by Thomas and 
Steigerwald, pursuant to the MIDFA Act; by authorizing 
the City to execute any and all documents necessary to 
effectuate and to secure the Loan and either the acqui- 
sition and leasing of the Project or the financing of the 
acquisition of the Project; by providing that the full 
faith and credit of the City shall not be deemed to be 
pledged hereby ; and by conferring and imposing upon 
the Department of Housing and Community Develop- 
ment certain powders and duties ; and 

Whereas, it is hereby recognized that the City wishes 
to be able to utilize any alternative method of financing 
the acquisition of the Project as may be permitted under 
the MIDFA Act, as amended from time to time, and that 
if authorized by the MIDFA Act, as amended from time 
to time, the City wishes to be able to either (a) use the 
proceeds of the Loan for the purpose of defraying the 
cost of acquiring the Project and to lease the Project to 
Thomas and Steigerwald who will sublease the Project to 
McNamara or (b) lend the proceeds of the Loan to 
Thomas and Steigerwald who will use such proceeds to 
acquire the Project and who will lease the Project to 
McNamarar ; AND 

Whereas, the City has received from Thomas and 
Steigerwald a supplemental letter of intent dated March 
11, 1980 (the "Supplemental Letter of Intent"), supple- 
menting the revised letter of intent of Thomas and 



ORDINANCES 335 

Steigenvald to the City dated May 4, 1979 (the ''Revised 
Letter of Intent"), and requesting that the City increase 
the interest rate payable on the Loan in the event that 
such interest is determined to be exempt from federal in- 
come taxes ("the tax-exempt rate of interest"); and 

Whereas, the Maryland Industrial Development Fi- 
nancing Authority ("MIDFA") has feeoft askod to a^ 
prov e APPROVED the increase in the tax-exempt rate 
of interest payable on the Loan requested by the Supple- 
mental Letter of Intent aft4 44 is anticipated that MIDFA 
witi approve &\iek incroas e ; and 

Whereas, due to the adverse changes in the industrial 
development loan market, it is necessary to authorize an 
increase in the tax-exempt rate of interest payable on the 
Loan authorized by Ordinance No. 928, supplemented by 
Ordinance No. 1097, and as supplemented by this Ordi- 
nance, from seven and three-quarters percent (7%.%) per 
annum to an amount equal to sixty-five percent (65%) 
of the prime rate of interest in effect from time to time 
at the Bank, but in no event shall the tax-exempt rate of 
interest payable exceed an amount equal to eleven and 
one-half percent (1114%) per annum, or be less than 
seven and one-half percent (71/2%) per annum; and 

Whereas, it is hereby recognized that the printed copy 
of Ordinance No. 1097 contained certain technical errors 
which should be corrected in order that the amount of 
the Additional Financing be indicated as the sum of 
$450,000, rather than the sum of $350,000 shown, and 
so that the maximum amount authorized for the City's 
Promissory Note be indicated as the sum of $2,000,000, 
rather than the sum of $1,900,000 shown, and so that the 
date of the Revised Letter of Intent referred to therein 
shall be May 4, 1979; and 

Whereas, it is hereby recognized that McNamara 
should be authorized to sublease or sub-sublease a portion 
of the Project to one or more tenants ; and 

Whereas, the City has determined, based upon the 
findings and determinations hereinafter set forth, that it 
is in the best interests of the citizens of Baltimore, Mary- 



336 ORDINANCES Ord. No. 56 

land, for the City to accept the Supplemental Letter of 
Intent, and to authorize the changes requested therein. 

NOW, THEREFORE, PURSUANT TO AND IN AC- 
CORDANCE WITH THE PROVISIONS OF THE 
MIDFAACT: 

Section l. Be it ordained by the Mayor and City Council 
of Baltimore, That it is hereby found and detemiined as 
follows: 

(a) the financing of the acquisition of the Project will 
fulfill and accomplish the declared purposes of the ]\IIDFA 
Act, which is to promote the expansion and diversification 
of industry, to avoid the relocation of industr>^ from the 
State of Maryland, to increase employment, and to provide 
a larger taxable base for the economy of the State of Mar\'- 
land. resulting in new and expanded industrial enterprises 
to provide enlarged opportunities for gainful emplo\Tnent 
by the people of the State of ^Maryland, and thus to insure 
the presentation and betteiTnent of the economy of the 
State of ^Maryland, and accordingly, it is in the best in- 
terests of the citizens of Baltimore, Maryland, that the 
Cit>' participate in the financing of the acquisition of the 
Project; 

(b) the Project is an "industrial project," as defined in 
Section 266-0(3) of the :\IIDFA Act, and, as evidenced by 
the Revised Letter of Intent and the Supplemental Letter of 
Intent, the funds to be borrowed by the City (to finance the 
acquisition of the Project) vaW be utilized in connection 
with the acquisition of a ''bona fide industrial project," as 
mentioned in Section 266W(a) of the MIDFA Act; 

(c) as evidenced by the Revised Letter of Intent and the 
Supplemental letter of Intent, the Project is to be ac- 
quired for Thomas and Steigenvald and is to be leased or 
subleased to ]\IcNamara which, in turn, is hereby author- 
ized to sublease or sub-sublease a portion of the Project to 
one or more tenants ; 

(d) all of the parties referred to in Section 1(c) are OR 
WILL BE "bona fide tenants" and "industrial project ap- 
plicants" under the MIDFA Act; 



ORDINANCES 337 

(e) that except as provided herein, all of the tenns and 
provisions of Ordinance No. 928, as supplemented by Ordi- 
nance No. 1097, are hereby ratified and confirmed and shall 
remain in full force and effect. 

Sec. 2. And be it fiirther ordained, That the following tech- 
nical corrections be made to Ordinance No. 1097 : 

(a) In the preamble, at line 48 of page 3 of the printed 
Ordinance, and in Section 2, at lines 4 and 5 of page 5 of 
the printed Ordinance, the amount of the Additional Fi- 
nancing authorized was to be AND SHALL BE the sum of 
$450,000 rather than the sum of $350,000, as indicated 
therein ; 

(b) In Section 7(ii), at lines 11 and 12 of page 7 of the 
printed Ordinance, the maximum amount authorized for 
the City's Promissory Note was to be AND SHALL BE the 
sum of $2,000,000 rather than the sum of $1,900,000 in- 
dicated therein; 

(c) In the preamble, at line 45 of page 3 of the printed 
Ordinance, the Revised Letter of Intent received by the 
City was dated May 4, 1979. 

Sec. 3. And he it further ordained, That the tax-exempt 
rate of interest authorized to be payable on the Loan at all 
times is hereby increased from seven and three-quarters 
percent (73/4%) per annum to an amount equal to sixty- 
five percent (65%) of the prime rate of interest in effect 
from time to time at the Bank, but in no event shall the 
tax-exempt rate of interest payable exceed an amount 
equal to eleven and one-half percent (11 14%) P^i' annum, 
or be less than seven and one-half percent (71/2%) per 
annum. 

Sec. 4. And he it further ordained. That in connection 
with the acquisition, construction and leasing described in 
this Ordinance, the City is hereby authorized and em- 
powered to accept the Supplemental Letter of Intent. 

Sec. 5. And he it further o-rdained. That any alternative 
method of financing as may be available pursuant to the 
MIDFA Act, as amended from time to time, may be utilized 



888 ORDINANCES Ord. No. 56 

to finance the Project and to consummate the transactions 
contemplated by Ordinance No. 928, as supplemented by 
Ordinance No. 1097, and as supplemented by this Ordi- 
nance; and the City will (a) use the proceeds of the Loan 
for the purix)se of defraying the cost of acquiring (by 
negotiation and not by eminent domain) the Project and 
lease the Project pursuant to a lease agreement (the 
*'Lease") to be entered into between the City and Thomas 
and Steigerwald, who will sublease the Project to Mc- 
Namara or (b) if authorized by the MIDFA Act, as 
amended from time to time, lend the proceeds of the Loan 
to Thomas and Steigerwald, pursuant to a loan agreement 
(the "Loan Agi-eement") to be entered into between the 
City and Thomas and Steigerwald, who will use such pro- 
ceeds to acquire the Project and who will lease the Project 
to McNamara. 

Sec. 6. And he it ftirther ordained. That, as described 
generally in the Revised Letter of Intent AND THE SUP- 
PLEMENTAL LETTER OF INTENT and as contem- 
plated by the MIDFA Act: 

(a) The Loan will be evidenced by a Promissory Note, 
executed by the City without in any event pledging its full 
faith and credit, and will be repaid by the City solely from 
the revenue derived from the pa>TTients to be made by 
Thomas and Steigerwald to the (iitj^ pursuant to the Lease 
or the Loan Agreement and from any other source per- 
mitted by the MIDFA Act and approved by the City, 
Thomas and Steigerwald, McNamara and the Bank; 

(b) Thomas and Steigen^^ald will make payments under 
the Lease or the Loan Agreement sufficient to pay (i) the 
principal of and interest on the Loan, (ii) all taxes and 
payments in lieu of taxes, and (iii) any expenses incurred 
by the City in connection \\ith the administration of the 
Loan, all as the same become due and payable; and 

(c) any costs of acquiring the Project in excess of the 
proceeds of the Loan will be paid by Thomas and Steiger- 
wald. 

Sec. 7. And he it further ordained. That if the Loan 
is not consummated within six months from the date on 
which this Ordinance is approved by the Mayor or Acting 



) 



ORDINANCES 339 

Mayor of the City, the authorization provided in this Ordi- 
nance for the City to borrow the funds to be utilized for 
the Project shall expire; provided, however, that the Board 
of Finance of the City may, after a showing of good cause 
at a public hearing held before the Board of Finance, ex- 
tend such authorization for one additional teiTn not to ex- 
ceed six months. The Board of Finance, in its sole discre- 
tion, shall deteiTnine the sufficiency, or lack thereof, of the 
reasons presented for any requested extension of this Ordi- 
nance. If an extension is granted, notice of such extension 
and the reasons therefor shall be sent to the City Council. 

Sec. 8. And be it further ordained, That the provisions of 
this Ordinance are severable, and if any provision, sentence, 
clause, section or part hereof is held illegal, invalid or un- 
constitutional or inapplicable to any person or circum- 
stances, such illegality, invalidity or unconstitutionality, or 
inapplicability shall not affect or impair any of the remain- 
ing provisions, sentences, clauses, sections, or parts of this 
Ordinance or their application to other persons or circum- 
stances. It is hereby declared to be the legislative intent 
that this Ordinance would have been passed if such illegal, 
invalid or unconstitutional provision, sentence, clause, sec- 
tion or part had not been included herein, and if the person 
or circumstances to which this Ordinance or any part hereof 
are inapplicable had been specifically exempted herefrom. 

Sec. 9. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved May 19, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 57 
(Council No. 80) 

AN ORDINANCE concerning 

OFFICE OF OCCUPATIONAL MEDICINE 
AND SAFETY 

FOR the purpose of creating the Office of Occupational 



340 ORDINANCES Ord. No. 57 

Medicine and Safety to take the place of the Division 
of Medical Services and the Mayor's Office of Safety 
and providing for its powers and duties. 

BY repealing 

Article 1 — Mayor, City Council and Municipal Agencies 

Subtitle — Division of Medical Services 

Sections — 48-50 

Baltimore City Code (1976 Edition, as amended) 

BY adding to 

Article 1 — Mayor, City Council and Municipal Agencies 
Subtitle — Office of Occupational Medicine and Safety 
Sections — 48-50, 50A 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sections 48 through 50 of Article 1 
of the Baltimore City Code (1976 Edition, as amended), 
title ''Mayor, City Council and Municipal Agencies, sub- 
title ''Division of Medical Services", be and they are 
hereby repealed. 

[DIVISION OF MEDICAL SERVICES 

48. Created. 

A "Division of Medical Services" is hereby created in 
the Civil Service Commission. 

49. Duties. 

The Division of Medical Services shall : 

(1) Conduct medical examinations of all persons seek- 
ing employment as employees of the INIayor and City 
Council of Baltimore, of such other persons who are re- 
quired by law to pass a physical examination and of such 
other persons as may be determined from time to time 
by the Medical Advisory Committee, hereinafter estab- 
lished, and maintain such medical records \\nth respect 
to the same as the Civil Service Commission shall deter- 
mine; 

(2) Conduct such preventive medical programs among 
the employees of the Mayor and City Council of Baiti- 



ORDINANCES 341 

more as the said Medical Advisory Committee shall de- 
termine ; 

(3) Provide such first aid for employees of the Mayor 
and City Council of Baltimore who may sustain an injury 
or become ill during the working day, as the chief physi- 
cian, in his discretion, shall deem appropriate, for the 
purpose of returning said employees to their duties as 
promptly as possible; provide medical care and treatment 
of employees who may have sustained an accidental injury 
and who may come within the purview of the Workmen's 
Compensation Law of Maryland, or any amendments 
thereto ; 

(4) Maintain a list of all employees of the Mayor and 
City Council of Baltimore who are awarded compensation 
under the Workmen's Compensation Law of Maryland, 
and maintain statistical data in connection therewith as 
to the type and character of accidents sustained by em- 
ployees, and as to classification of injuries and awards 
made therefor; 

(5) Notify, promptly, the Central Bureau of Investiga- 
tion of the Law Department of the happening of any and 
all injuries arising during course of their employment to 
employees of the Mayor and City Council of Baltimore, 
and furnish to said Bureau the records, medical reports 
and any other data which it may have regarding the same; 

(6) Conduct safety meetings, make inspections as to 
the use of materials and equipment and recommendations 
as to the use of safety devices by the employees of the 
several departments, and submit reports showing the re- 
sults of safety investigations to the respective department 
heads, particularly with reference to the accidents in which 
employees of each department were involved; in addition, 
perform such other functions in respect to safety as the 
Board of Estimates may authorize and direct; 

(7) Receive, investigate and make recommendations 
with respect to applications for sick leave, and the physi- 
cal condition of employees absent on sick leave, as the 
Board of Estimates may authorize and direct; and 

(8) Perfomi such other duties relating to the diagnosis, 
prognosis and treatment of injuries and illnesses of appli- 



842 ORDINANCES Ord. No. 57 

cants for employment by, and employees of, the Mayor 
and City Council of Baltimore as the Medical Advisory 
Committee may determine. 

50. Medical Services Supervisor; 
Medical Advisory Committee. 

(a) Medical Services Supervisor. There shall be in the 
Division of Medical Services a Medical Services Super- 
visor who shall act as the administrative head of such 
Division and shall be charged with the supervision and 
direction of such Division. He shall be experienced in the 
administration of industrial medicine and matters arising 
under the Workmen's Compensation Law. There shall also 
be in the Division a Chief Physician who shall act as 
Medical Advisor to the Division and shall devote his en- 
tire time to the duties of the Division. He shall be ex- 
perienced in industrial and preventive medicine and shall 
be responsible for the medical aspects of the Division, 
including, but not limited to, the pre-employment phj^sical 
examinations, as well as disability examinations, for all 
employees of the Mayor and City Council of Baltimore, 
and of the physical examination required by ordinances 
to be performed on new members of the Employees Re- 
tirement System who are not employees of the Mayor 
and City Council, and for putting into effect the medical 
policies and coordinate the preventive medical programs 
which have been recommended by the Medical Ad\dsory 
Committee hereinafter provided for. There shall be in the 
Division such other professional and clerical employees, 
as shall be required to perform the work of the Division, 
who shall be paid such salaries as shall be authorized in 
the Annual Ordinance of Estimates and whose duties and 
qualifications shall be deteiTnined by the Civil Service 
Commission. As soon as practicable after January 1, 1965, 
the Civil Service Commission shall determine such of the 
professional and clerical employees of the Division of Dis- 
ability Compensation as have been performing services for 
the Division of Disability Compensation similar to those 
to be established in the Division of Medical Services and, 
subject to the approval of the Board of Estimates, such 
employees shall be and become employees of the Division 



ORDINANCES 343 

of Medical Services and remain a part of the classified 
service. All additional or future appointments to the Divi- 
sion of Medical Services to fill vacancies existing at the 
date of the creation of such Division, and not filled by 
the transfer of the employees of the Division of Disability 
Compensation aforesaid, and vacancies caused by death, 
resignation, dismissal, retirement, or any other reason, 
shall be made in accordance with the provisions of Arti- 
cle 7, Sections 108-122, inclusive, of the Charter of Balti- 
more City (1964 Edition). 

(b) Medical Advisory Committee. There is hereby estab- 
lished and created a Medical Advisory Committee, con- 
sisting of the Commissioner of Health, ex officio, the Per- 
sonnel Director of the Civil Service Commission, the Chief 
Physician of the Division of Medical Services, a represen- 
tative of the Law Department, and a physician appointed 
to said Committee by the Baltimore City Medical Society. 
This Committee shall have the power to act in an advisory 
capacity for the purpose of reviewing medical policies and 
coordinating the preventive medical program for City em- 
ployees. The Committee shall serve without compensation 
and shall elect from its membership a chairman; the term 
of the member appointed by the Baltimore City Medical 
Society shall be three (3) years; the terms of the other 
members shall be concurrent \vith their term of office or 
employment. The Committee, subject to the limitations 
contained herein, shall have the power to adopt such rules 
and regulations as may be necessary to carry out its 
functions. 

(c) Transfer of files. There shall be transferred to said 
Division all of the records, files and documents of the 
Division of Disability Compensation.] 

Sec. 2. And be it further ordained, That new Sections 
48 through 50 and 50A be and they are hereby added 
to Article 1 of the Baltimore City Code (1976 Edition, 
as amended), title "Mayor, City Council and Municipal 
Agencies", to stand in the place of the sections repealed, 
to come under the new subtitle ''Office of Occupational 
Medicine and Safety", and to read as follows : 



344 ORDINANCES Ord. No. 57 

OFFICE OF OCCUPATIONAL MEDICINE 
AND SAFETY 

48. Created; Director. 

An "Office of Occupational Medicine and Safety" is 
herchij mated headed by a Director appointed byy *:«- 
portimf t^ fmd serving ^ ths ple a sure ^ ihs Mayor, THE 
MAYOR IN THE MANNER PRESCRIBED IN SECTION 
6 OF ARTICLE IV OF THE CHARTER OF BALTI- 
MORE CITY AND HOLD THE OFFICE AS THEREIN 
PROVIDED. It will be his duty to direct and coordinate 
the Divisions of the Office hereafter created, to advise the 
Mayor on improving programs of occupatiorial medicine 
and safety and to work with the Mayor and the heads of 
City departments, boards, commissions and agencies so as 
to assure the effectiveness of his Office in the discharge of 
its assigned responsibilities. 

49. Division of Occupational Medicine. 

There is hereby created in the above Office a Division 
of Occupational Medicine headed by a Chief, Division of 
Occupational Medicine appointed by and reporting to the 
Director to serve at his pleasure. The Division of Occupa- 
tional Medicine shall: 

(a) Establish medical procedures and standards at all 
City medical facilities for employees and assure conformity 
with such procedures and standards. 

(b) Examine and treat patients at a central medical 
services clinic. 

(c) Monitor the quality of medical treatments for all 
City employees. 

(d) Investigate and evaluate all City employee safety 
and health hazards, including but not limited to, toxic 
materials, and establish programs to eliminate and reduce 
hazards. 

(e) Evaluate medical cases of patients at all City medi- 
cal facilities and recommend upon their disposition. 

(f) Cooperate with and assist the Law Department and 
other City agencies involved in Workmen's Compensation 



ORDINANCES 345 

Commission claims in TOWARD improving claims manage- 
ment and loss control. 

(g) Develop and maintain programs for controlling sick 
leave and disability of all City employees and monitor and 
reduce absenteeism. 

(h) Cooperate with public health agencies in improving 
the quality of occupational medicine. 

(i) Maintain a system of uniform medical records. 

(j) Develop and maintain programs to enhance the pro- 
fessional education of all employees involved in occupa- 
tional medicine. 

50. Division of Safety. 

There is hereby created in the above office a Division 
of Safety headed by a Chief, Division of Safety appointed 
by and reporting to the Director to serve at his pleasure. 
The Division of Safety shall: 

(a) Develop and administer city-wide safety programs 
for the prevention of accidents, illnesses and injuries. 

(b) Develop and monitor safety programs in City de- 
partments, boards, commissions and agencies and work 
with agency safety personnel to assure the effectiveness 
of said programs. 

(c) Advise the Mayor, the Director and City agencies 
in all aspects of employee safety and the safety of the 
public related to City activities. 

(d) Investigate and report upon occupational injuries 
and illnesses and maintain a related record system de- 
signed to reduce occupatio7ial hazards AND ENSURE 
RESPONSIBILITY AND COMPLIANCE BY ALL CITY 
DEPARTMENTS, BOARDS, COMMISSIONS AND 
AGENCIES. 

(e) Assure the adherence of City agencies to City safety 
policies. 

(f) Keep abreast of all laws and regulations affecting 
employee safety and advise city management thereon. 



846 ORDINANCES Ord. No. 58 

(g) Maintain relationships vrith appropriate federal and 
state regulatory agencies affecting safety and loith relevant 
professional organizations. 

(h) Develop and maintain programs to enhance the pro- 
fessional education of all employees involved in safety 
activities. 

50 A. Transfer of personnel and equipment. 

The Mayor is authorized, effective immediately, to trans- 
fer to the Office of Occupational Medicine and Safety all 
personnel, funds, equipment and facilities of the Medical 
Services Division of the Civil Service Commission and the 
Mayor's Office of Safety. 

Sec. 3. And he it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved May 22, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 58 
(Council No. 67) 

AN ORDINANCE concerning 

URBAN RENEWAI^MOUNT CLARE— 
AMENDMENT NO. 4 

FOR the purpose of amending the Urban Renewal Plan 
for Mount Clare to, among other things, (1) authorize the 
acquisition of certain properties by the Mayor and City 
Council of Baltimore; (2) delete 838 W. Pratt Street 
from acquisition; (3) modify the boundaries of certain 
existing residential lots, and create new development lots 
for residentiaU public park or right-of-way use; (4) pro- 
vide standards and controls for cei*tain disposition lots; 
(5) provide that the cleaning of masonry facades on all 
properties in Mount Clare by means of sandblasting 
shall not be permitted, and provide a penalty for violation 



ORDINANCES 347 

of this prohibition; (6) rocommond zoning 4j-8 trict 
changes afi4 provide ttet the approval o^ Am e ndment Not 
4 shall «^ fee constru e d as an- enactment of such amend - 
ments to the Zoning Ordinance el Baltimor e Gity as a*e 
proposed h e r e in; 4^ revise and/or add standards and 
controls for land to be acquired; 4§^ C^) revise the lan- 
guage in the Plan governing non-conforming and non- 
complying land uses; 4^ (8) revise and/or delete appro- 
priate Appendices and Exhibits attached to the Plan to 
reflect the changes proposed herein; (10) (9) waive such 
requirements, if any, as to content or procedure for the 
preparation, adoption, and approval of renewal plans as 
set forth in Article 13 of the Baltimore City Code (1976 
Edition, as amended), which the Renewal Plan for Mount 
Clare may not meet; (11) (10) provide that where the 
provisions of this ordinance shall conflict with any other 
ordinance, code or regulation in force in the City of Balti- 
more, the provision which establishes the higher stand- 
ard shall prevail; and (12) (11) provide for an effective 
date hereof. 

Whereas, an Urban Renewal Plan for Mount Clare was 
first approved by the Mayor and City Council of Baltimore 
by Ordinance No. 619, dated May 30, 1974, and last amended 
by Ordinance No. 1020, dated May 16, 1979; and 

Whereas, pursuant to Article 13 of the Baltimore City 
Code (1976 Edition, as amended), no substantial change or 
changes shall be made in any renewal plan after approval by 
ordinance, without such change or changes first being 
adopted and approved in the same manner as set forth in 
said Article 13 for the approval of renewal plans, namely the 
preparation of such change or changes by the Department 
of Housing and Community Development, the approval of 
such change or changes by the Director of the Department 
of Planning, and approval and adoption by an ordinance 
of the Mayor and City Council of Baltimore after a public 
hearing in relation thereto, all in the manner set forth 
in said Article 13 ; and 

Whereas, extensive changes in the Renewal Plan for 
Mount Clare make it infeasible to make line-by-line changes : 
therefore, the Department of Housing and Community 



848 ORDINANCES Ord. No. 58 

Development has prepared an amended Urban Renewal 
Plan for Mount Clare; and 

Whereas, said amended Renewal Plan for Mount Clare 
has been approved by the Director of the Department of 
Planninpf with respect to its conformity as to the Master 
Plan, the detailed location of any public improvements pro- 
posed in the amended Renewal Plan, its conformity to the 
rules and regulations for subdivisions, and all zoning 
changes proposed in the amended Renewal Plan ; and 
the said amended Renewal Plan has been approved and 
recommended to the Mayor and City Council of Baltimore by 
the Commissioner of the Department of Housing and Com- 
munity Development, now, therefore. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the amended Urban Renewal Plan for 
Mount Clare, identified as "Urban Renewal Plan, Mount 
Clare . . . revised to include Amendment No. 4 dated De- 
cember 5, 1979 AND FURTHER REVISED MAY 1, 1980". 
is hereby approved and the Clerk of the City Council is 
hereby directed to file a copy of said amended Urban Re- 
newal Plan with the Department of Legislative Reference 
as a permanent public record and to make the same avail- 
able for public inspection and infonnation. 

Sec. 2. And be it further ordained, That it may be neces- 
sary to acquire, by purchase or by condemnation for urban 
renewal ])urposes, the fee simple interest or any lesser in- 
terest in and to certain properties or portions thereof, to- 
gether with all right, title, interest, and estate that the 
owner or owners of said property interests may have in 
all streets, alleys, ways or lanes, public or private, both 
abutting the whole area described and /or contained within 
the perimeter of said area, situate in Baltimore City, Mary- 
land, and described as follows: 

881 Lemmon Street 
883 Lemmon Street 
885 Lemmon Street 
887 Lemmon Street 
889 Lemmon Street 
891 Lemmon Street 



ORDINANCES 349 



917 Lemmon Street 
922 Lemmon Street 

1025 W. Lombard Street 
1027 W. Lombard Street 
1029 W. Lombard Street 
1031 W. Lombard Street 
1033 W. Lombard Street 
1035 W. Lombard Street 
1037 W. Lombard Street 

108 Parkin Street 

840 W. Pratt Street 
852 W. Pratt Street 
1000 W. Pratt Street 

Sec. 3. And be it further ordained, That it is necessary to 
delete the following property from the list of properties to 
be acquired in Ordinance No. 1020, dated May 16, 1979 : 

838 W. Pratt Street 

Sec. 4. And be it further ordained, That the Real Estate 
Acquisition Division of the Department of the Comptroller, 
or such person or persons and in such manner as the Board 
of Estimates, in the exercise of the power vested in it by 
Article V, Section 5, of the Baltimore City Charter, may 
hereafter from time to time designate, is or are authorized 
to acquire on behalf of the Mayor and City Council of Bal- 
timore and for the purposes described in this ordinance, the 
fee simple interest or any lesser interest in and to the prop- 
erties or portions thereof hereinabove mentioned. If the 
said Real Estate Acquisition Division of the Depart- 
ment of the Comptroller, or such person or per- 
sons, and in such manner as the Board of Estimates in the 
exercise of the power vested in it by Article V, Section 5, of 
the Baltimore City Charter, may hereafter from time to time 
designate, is or are unable to agree with the owner or 
owners on the purchase price for said properties or portions 
thereof, it or they shall forthwith notify the City Solicitor 
of Baltimore City, who shall thereupon institute in the 
name of the Mayor and City Council of Baltimore the neces- 
sary legal proceedings to acquire by condemnation the fee 



860 ORDINANCES Ord. No. 58 

simple interest or any lesser interest in and to said prop- 
erties or portions thereof. 

Sec. 5. And be it further ordained, That the cleaning of 
masonry facades on all properties in Mount Clare by means 
of sandblasting shall not be peiTnitted. 

Sec. 6. And he it further ordained. That any person guilty 
of violating the provision contained in Section 5. of this 
ordinance shall be guilty of a misdemeanor and shall be 
subject to a fine not exceeding One Hundred Dollars 
($100.00), and that each day's violation shall constitute a 
separate offense. 

Seor ?T A^d b€ it- further ordained, That the approval o# 
Amendment ^>for 4 to the Urban Ronowal Plan fe Mount 
Clare shall ftot b© construed as as enactment of &«^ 
amendments to the Zoning Ordinanc e as ^^ proposed m 
6ai4 Urban Ronowal Plan. 

Sec. § 7. And he it further ordained. That in whatever re- 
spect, if any, the said amended Renewal Plan approved 
hereby may not meet the requirements as to the content of a 
renewal plan or the procedures for the preparation, adop- 
tion, and approval of renewal plans, as pro\aded in Article 
13 of the Baltimore City Code (1976 Edition, as amended), 
the said requirements are hereby waived and the amended 
Renewal Plan approved hereby is exempted therefrom. 

Sec. ^ 8. And he it further ordained. That in the event it 
be judicially deteiTnined that any word, phrase, clause, sen- 
tence, paragraph, section or part in or of this ordinance or 
the application thereof to any person or circumstances is 
invalid, the remaining provisions and the application of such 
provisions to other persons or circumstances shall not be af- 
fected thereby, the Mayor and City Council hereby declaring 
that they would have ordained the remaining provisions of 
this ordinance without the word, phrase, clause, sentence, 
paragraph, section or part or the application thereof so 
held invalid. 

Sec. 40 9. And he it further ordained. That in any case 
where a provision of this ordinance concerns the same 



ORDINANCES 351 

subject matter as an existing provision of any zoning, 
building, electrical, plumbing, health, fire or safety ordi- 
nance or code or regulation, the applicable provisions con- 
cerned shall be construed so as to give effect to each ; pro- 
vided, however, that if such provisions are found to be in 
irreconcilable conflict, the provision which establishes the 
higher standard for the promotion of the public health and 
safety shall prevail. In any case where a provision of this 
ordinance is found to be in conflict with an existing pro- 
vision of any other ordinance or code or regulation in force 
in the City of Baltimore which establishes a lower standard 
for the promotion and protection of the public health and 
safety, the provision of this ordinance shall prevail, and 
the other existing provision of such other ordinance or code 
or regulation is hereby repealed to the extent that it may 
be found in conflict with this ordinance. 

Sec. i4 10. And he it further ordained, That this ordi- 
nance shall take effect from the date of its passage. 

Approved June 2, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 59 
(Council No. 96) 

AN ORDINANCE concerning 

ZONING— CONDITIONAL USES AND 
OFF-STREET PARKING REGULATIONS 

FOR the purpose of adding marinas to the list of condi- 
tional uses in the B-3 and B-4 zoning districts, requiring 
authorization by ordinance of the Mayor and City Coun- 
cil of Baltimore; and to add off-street parking regula- 
tions for marinas. 

BY adding to 
Article 30 — Zoning 
Sections 6.3-ld, 6.4-ld, 9.0-3 
Baltimore City Code (1976 Edition, as amended) 



352 ORDINANCES Ord. No. 59 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That new Sections 6.3-1 d-11 and 6.4-ld-9 be 
and they are hereby added to Article 30 of the Baltimore 
City Code (1976 Edition, as amended), title ''Zoning Ordi- 
nance of Baltimore City," subtitle "Business Districts," to 
read as follows: 

6.3-ld 

11. Marinas 

6.4-ld 

9. Marinas 

Sec. 2. And be it further ordained, That Section 9.0-3 of 
Article 30 of the Baltimore City Code (1976 Edition, as 
amended), title "Zoning Ordinance of Baltimore City," sub- 
title "Off-Street Parking Regulations," be amended by 
adding: 

9.0-3 Schedule of Off-Street Parking Spaces 

Marinas: 

B 3^ B^. . . .mi^ f-9^ each tw^ commercial marina slips 

T{-A 1 "R_4._9 "R_*^-1 

B-3-2', B-3-3 ONE FOR EACH TWO MARINA 

SLIPS OR AS DETERMINED BY 
THE COUNCIL AFTER CONSID- 
ERATION OF WRITTEN RECOM- 
MENDATIONS BY THE DEPART- 
MENT OF TRANSIT AND TRAFFIC 

B-5-l,B-5-2, M-3, 

M-2-l,M-2-2, 

M-2-3 ONE FOR EACH TWO MARINA 

SLIPS OR AS DETERMINED BY 
THE BOARD AFTER CONSIDERA- 
TION OF WRITTEN RECOMMEN- 
DATIONS BY THE DEPARTMENT 
OF TRANSIT AND TRAFFIC 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. i 

Approved June 2, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 353 

No. 60 
(Council No. 99) 

AN ORDINANCE concerning 

URBAN RENEWAI.— RESERVOIR HILI^- 
AMENDMENT NO. 7 

FOR the purpose of amending the Urban Renewal Plan for 
Reservoir Hill, to, among other things: (1) authorize 
the acquisition, by purchase or by condemnation for ur- 
ban renewal purposes, of certain properties; (2) add a 
provision to the Non-Residential Rehabilitation Stand- 
ards that would prohibit sandblasting as a means of 
cleaning masonry facades, and provide a penalty for 
violating this prohibition; (3) revise provisions regard- 
ing Non-Confoi-ming properties and add provisions re- 
garding Non-Complying properties in the Plan text; (4) 
revise certain Appendices and Exhibits attached to said 
Urban Renewal Plan to reflect changes provided herein; 
(5) add a provision regarding landscaping requirements 
on all disposition lots; (6) add an objective regarding 
encouragement of residential uses in the Whitelock Street 
Neighborhood Commercial area; (7) waive such require- 
ments, if any, as to content or procedure for the prepa- 
ration, adoption and approval of renewal plans as set 
forth in Article 13 of the Baltim.ore City Code (1976 
Edition, as amended) , which the Urban Renewal Plan 
for Reservoir Hill may not meet; (8) provide for the 
separability of the various parts and applications of this 
ordinance; (9) provide that where the provisions of this 
ordinance shall conflict with any other ordinance, code 
or regulation in force in the City of Baltimore, the pro- 
vision which establishes the higher standard shall pre- 
vail; (10) provide for an effective date hereof. 

Whereas, an Urban Renewal Plan for Reservoir Hill 
was approved by the Mayor and City Council of Baltimore 
by Ordinance No. 33, dated April 10. 1972, and was last 
amended by Ordinance Xo. 1054, dated June 18, 1979, and 

Whereas, pursuant to Article 13 of the Baltimore City 
Code (1976 Edition, as amended), no substantial change 
or changes shall be made in any renewal plan after ap- 



354 ORDINANCES Ord. No. 60 

proval by ordinance, without such chang-e or chang-es first 
bein^ adopted and approved in the same manner as set 
forth in said Article 13 for the approval of a renewal plan, 
namely the preparation of such chancre or chang'es by the 
Department of Housinpr and Community Development, the 
approval of such chanofe or changes by the Director of the 
Department of Planning:, and approval and adoption by an 
ordinance of the Mayor and City Council of Baltimore after 
a public hearing in relation thereto, all in the manner set 
forth in said Article 13 ; and 

Whereas, said amended Urban Renewal Plan for Reser- 
voir Hill has been approved by the Director of the Depart- 
ment of Planning with respect to its confonnity as to the 
Master Plan, the detailed locations of any public improve- 
ments proposed in the amended Urban Renewal Plan, its 
conformity to the rules and regulations for subdivision, 
and its confonnity with existing zoning districts ; and said 
amended Urban Renewal Plan has been approved and 
recommended to the Mayor and City Council of Baltimore 
by the Commissioner of the Department of Housing and 
Community Development, now, therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the following amendments and changes 
to the Urban Renewal Plan for Resei-voir Hill having duly 
been reviewed and considered, are hereby approved and the 
Clerk of the City Council is hereby directed to file a copy 
of said Urban Renewal Plan, revised to include Amendment 
No. 7, dated December 26, 1979, AND REVISED APRIL 
22, 1980 with the Department of Legislative Reference as a 
permanent public record and to make the same available 
for public inspection and information. 

1. In the Table of Contents, page i., delete the word 
"Uses" from the word "Non-Conforming", insert "Non- 
Complying" between "Non-Conforming" and "Regulations, 
Controls, and Restrictions"; on page ii., of the Table of 
Contents, delete Appendix "B, Non-ConfoiTning Uses" and 
change Appendix "C" to "B", and under section entitled 
"Exhibits", delete "June 1, 1979" from Exhibits 2 and 3, 
and delete "February 3, 1979" from Exhibit 4, insert the 
revised date of "December 26, 1979" on Exhibits 2, 3, 
and 4. 



ORDINANCES 365 

2. In Section B.I., 'Termitted Uses", page 3, line 7, in- 
sert "and non-complying" between the words "non-con- 
forming" and "uses"; also on that same line, add "s" to 
the word "Section" and insert "and B.l.g.", between 
"B.l.f." and the word "below.". 

3. On Page 5 : 

a. in Section B.l.c, "Neighborhood Commercial", insert 
the following at the end of line 2: 

"In addition, an objective of this Urban Renewal Plan 
is to encourage additional residential uses in the Whitelock 
Street Neighborhood Commercial area." 

b. in Section B.I., delete paragraph f., "Non-Conforming 
Use", and insert in lieu thereof the following: 

"f. Non-Conforming 

A non-conforming use is any lawfully existing use of a 
building, or other structure, or of land, which does not 
conform to the applicable use regulations of the district 
in which it is located according to Article 30 of the Balti- 
more City Code (1976 Edition, as amended) titled "Zon- 
ing". Non-conforming uses shall be permitted to continue, 
subject to the provisions of Chapter 8 of said Article 30, 
titled "Non-Conformance". 

c. insert new Section B.l.g., "Non-Complying" after 
Section "B.l.f.": 

"g. Non-Complying 

A non-complying structure, as set forth in Chapter 8 of 
Article 30 of the Baltimore City Code (1976 Edition, as 
amended), titled "Zoning", is any lawfully existing struc- 
ture which does not comply with the bulk regulations of 
the zoning district in which it is located. These non-com- 
plying structures shall be permitted to continue, subject 
to the provisions of said Chapter 8. 

In addition, a non-complying structure USE, — when such 
term is used herein — is any lawrfully existing use of a 
building or other structure, or of land, which does not 
comply with the land use regulations of this Plan. These 
non-complying structures USES shall be permitted to con- 
tinue for an indefinite period of time, except that:" 



856 ORDINANCES Ord. No. 60 

4. On Page 6, insert the following at the beginning of 
this page: 

"(I) Any non-complying land use which is discontinued 
for a period exceeding 12 months shall not be reestablished ; 

(2) No change in the permanent physical members of a 
structure, such as bearing walls, columns, beams, or grid- 
ers, or no substantial change in the roof or in the exterior 
walls shall be made in or to a building or structure, except 
those required by law or except to make the building and 
use thereof conform to the regulations of this Plan ; and 

(3) No non-complying land use shall be changed to any 
other non-complying use." 

also on Page 6, in Section B.2.a.(l) (d), "General Pro- 
visions", insert the following at the beginning of this 
section : 

"All land not covered by structures, paved parking, load- 
ing, or related service areas; paved areas for pedestrian 
circulation ; or decorative surface treatments shall be pro- 
vided with landscape treatment." 

5. In Appendix A, Page 16, insert the following new 
section: 

"c. Cleaning of masonry facades by means of sandblast- 
ing shall not be permitted." 

also on Page 16, change sections "c.-j." to read sections 
"d.-k.". 

6. On Page 17, change sections **k.-p." to read sections 
"l.-q.". 

7. Delete "APPENDIX B, NON-CONFORMING USES". 
Page 18. 

8. On Page 19, change Appendix "C" to Appendix "B", 
and add to this Appendix the following: 

2209 Brookfield Avenue 2207 Eutaw ^laee 

2213 Brookfield Avenue 2213 Eutaw Place 

22^ Brookfield Avonuo 2349 Eutaw Place 

2517 Brookfield Avenue 2360 Eutaw Place 



I 



ORDINANCES 357 

2203 Callow Avenue 2468 Lakeview Avenue 

2324 Callow Avenue 

2205 Eutaw Place 2219 Linden Avenue 

2241 Linden Avenue 

9. On Pag-e 20, change Appendix "C" to Appendix "B", 
and add to this Appendix the following: 

2416 Linden Avenue 2546 Madison Avenue 

2424 Madison Avenue 724 Newington Avenue 

2527 Madison Avenue Si4 Nowington x4vonu e 

731 NEWINGTON AVENUE 

10. Delete Exhibits 2 and 3, dated "June 1, 1979" and 
Exhibit 4, dated 'Tebiniarv 3, 1979" and insert Exhibits 2, 
S, aft4 4, dated "December 26, 1979" AND EXHIBITS 3 
AND 4, DATED "APRIL 22, 1980". 

Sec. 2. And be it further ordained, That it is necessary 
to acquire, by purchase or by condemnation, for urban re- 
newal purposes, the fee simple interest or any lesser in- 
terest in and to certain properties or portions thereof, 
together with all right, title, interest, and estate that the 
owner or owTiers of said property interests may have in 
all streets, alleys, ways or lanes, public or private, both 
abutting the whole area described and/or contained within 
the perimeter of said area, situate in Baltimore City, Mary- 
land, and described as follows: 

2209 Brookfield Avenue 
2213 Brookfield Avenue 
22U Brookfield Avonu o 
2517 Brookfield Avenue 

2203 Callow Avenue 
2324 Callow Avenue 

2205 Eutaw Place 
2207 Eutaw Plaee 
2213 Eutaw Place 
2349 Eutaw Place 
2360 Eutaw Place 

2468 Lakeview Avenue 



868 ORDINANCES Ord. No. fiO 

2219 Linden Avenue 
2241 Linden Avenue 
2416 Linden Avenue 

2424 Madison Avenue 
2527 Madison Avenue 
2546 Madison Avenue 

724 Newington Avenue 
^i4 Nowington Avonuo 
731 NEWINGTON AVENUE 

Sec. 3. And he it further ordained, That the Real Estate 
Acquisition Division of the Department of the Comptroller, 
or such person or persons and in such manner as the 
Board of Estimates in the exercise of the power vested 
in it by Article V, Section 5, of the Baltimore City Charter, 
may hereafter from time to time designate, is or are 
authorized to acquire on behalf of the Mayor and City 
Council of Baltimore and for the purposes described in 
this ordinance, the fee simple interest or any lesser inter- 
est in and to the properties or portions thereof herein- 
above mentioned. If the said Real Estate Acquisition Di- 
vision of the Department of the Comptroller, or such per- 
son or persons, and in such manner as the Board of 
Estimates in the exercise of the power vested in it by 
Article V, Section 5, of the Baltimore City Charter may 
hereafter from time to time designate, is or are unable to 
agree with the o^\Tier or owners on the purchase price for 
said properties or portions thereof, it or they shall forth- 
with notify the City Solicitor of Baltimore City, who shall 
thereupon institute in the name of the Mayor and City 
Council of Baltimore, the necessary legal proceedings to 
acquire by condemnation the fee simple interest or any 
lesser interest in and to said properties or portions thereof. 

Sec. 4. And he it further ordained. That the cleaning of 
masoni^ facades on all properties in the Reservoir Hill 
area by means of sandblasting shall not be permitted. 

Sec. 5. And he it further ordained, That any person 
guilty of violating the provisions contained in Section 4 
of this ordinance shall be guilty of a misdemeanor and 



I 



ORDINANCES 359 

shall be subject to a fine not exceeding One Hundred Dol- 
lars ($100.00), and that each day's violation shall consti- 
tute a separate offense. 

Sec. 6. And be it further ordained, That in whatever 
respect, if any, the said amended Renewal Plan approved 
hereby may not meet the requirements as to the content 
of a renewal plan or the procedures for the preparation, 
adoption, and approval of renewal plans, as provided in 
Article 13 of the Baltimore City Code (1976 Edition, as 
amended), the said requirements are hereby waived and 
the amended Urban Renewal Plan approved hereby is ex- 
empted therefrom. 

Sec. 7. And he it further ordained, That in the event it 
be judicially determined that any word, phrase, clause, 
sentence, paragraph, section or part in or of this ordinance 
or the application thereof to any person or circumstances 
is invalid, the remaining provisions and the application of 
such provisions to other persons or circumstances shall not 
be affected thereby, the Mayor and City Council hereby 
declaring that they would have ordained the remaining 
provisions of this ordinance without the word, phrase, 
clause, sentence, paragraph, section or part or the applica- 
tion thereof so held invalid. 

Sec. 8. And be it further ordained, That in any case 
where a provision of this ordinance concerns the same sub- 
ject matter as an existing provision of any zoning, build- 
ing, electrical, plumbing, health, fire or safety ordinance 
or code or regulation, the applicable provisions concerned 
shall be construed so as to give effect to each; provided, 
however, that if such provisions are found to be in irrecon- 
cilable conflict, the provision which establishes the higher 
standard for the promotion of the public health and safety 
shall prevail. In any case where a provision of this ordi- 
nance is found to be in conflict with an existing provision 
of any other ordinance or code or regulation in force in 
the City of Baltimore which establishes a lower standard 
for the promotion and protection of the public health and 
safety, the provision of this ordinance shall prevail, and 
the other existing provision of such other ordinance or 



860 ORDINANCES Ord. No. Gl 

code or regulation is hei'eby repealed to the extent that it 
may be found in conflict with this ordinance. 

Sec. 9. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 2, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 61 
(Council No. 134) 

AN ORDINANCE concerning 

BUILDING CODE WAIVER— WEYERHAEUSER 
COMPANY, INC. 

FOR the purpose of amending Ordinance No. 1021, ap- 
proved May 16, 1979, waiving the provisions of Para- 
graph 4711 of Article 32 of the Baltimore City Code 
(1976 Edition, as amended) to pennit the construction 
of additions and alterations to wood frame storage build- 
ings by the Weyerhaeuser Company, Inc., on property 
known as 2901 Childs Street. 



Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 1 of Ordinance No. 1021, ap- 
proved May 16, 1979, be repealed and the following insei'ted 
in its stead: 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That as applicable to the proposed additions 
and alterations to existing structures, at 2901 Childs Street, 
Baltimore, Maiyland, to be used primarily for the storage 
and warehousing of wood products on a wholesale basis for 
resale to retailers, the provisions of cei'tain paragraphs of 
Article 32 of the Baltimore City Code (1976 Edition, as 
amended), title "Building Regulations", said article being 
known generally as the Building Code of Baltimore City, as 



I 



ORDINANCES 361 

heretofore amended, be and they are hereby waived as 
follows : 

The provisions of Paragraph 4711 of said Article 32 and 
also any other pertinent and conflicting provisions of said 
Article 32, as heretofore amended, be and they are hereby 
waived insofar as they impose certain maximum volume 
limitations on certain types of storage buildings. 

The waivers herein set forth shall be effective only as 
to the proposed Weyerhaeuser Company Customer Services 
Center which shall have six (6) feet draft curtains, con- 
structed of non-combustible material, subdividing the en- 
closed warehouse space into 20,000 square feet areas. The 
structure shall be a maximum of one story in height, con- 
tain a maximum volume of 6,000,000 cubic feet and the 
additions shall not be more than 50 feet high. 

The structure shall be constructed of wood and wood 
products in accordance with the "wood frame" classification 
for storage buildings as described in Article 32. 

This entire structure shall be equipped throughout with 
an approved automatic sprinkler system, conforming to the 
1978 NFPA Standard No. 13, be set back 120 feet from all 
other property lines and shall meet all other provisions of 
the Baltimore City Code in regard to fire protection and 
safety. 

Except for the specific provisions of this ordinance, 
all other provisions of said Building Code and all other 
laws and ordinances of Baltimore City applicable hereto 
shall be observed in the construction of these improvements. 

Sec. 2. And be it further ordained. That this ordinance 
shall take effect from the date of its passage. 

Approved June 2, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



362 ORDINANCES Ord. No. 62 

No. 62 
(Council No. 141) 

AN ORDINANCE concerning 

CITY STREET— OPENING CERTAIN STREETS. 

ALLEYS OR PORTIONS THEREOF IN THE MOUNT 

CLARE URBAN RENEWAL PROJECT 

FOR the purpose of condemning and opening certain 
streets and alleys or portions thereof lying within the 
area of the Mount Clare Urban Renewal Project in 
accordance with a plat thereof numbered 329-A-12, pre- 
pared by the Surveys & Records Division and filed in 
the OflJice of the Department of Public Works, on the 
fourteenth day of Februar>% 1980. 

BY authority of 

Article I — General Provisions 

Section 4 

Article II — General Provisions 

Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, 
and they are hereby authorized and directed to condemn 
and open, certain streets and alleys or portions thereof 
lying wuthin the Mount Clare Urban Renewal Project the 
streets and alleys hereby directed to be condemned for 
said opening being described as follows: 

Sheet 1 of 2 comprising certain streets and alleys lying 
wdthin the area bounded by Pratt Street, Parkin Street, 
Lemmon Street, and Scott Street; said streets and alleys 
are numbered from one to nine on said sheet 1 and de- 
scribed as follows: 

1. An alley, 3 feet wide, laid out 100 feet east of Parkin 
Street and extending from Lemmon Street, Southerly 60 
feet, more or less, to the end thereof and designated as 
Parcel No. 1. 

2. An alley, 2 feet \\dde, laid out 43 feet w^est of Hayes 
Street and extending from Lemmon Street, Southerly 60 



ORDINANCES 363 

feet, more or less, to the end thereof and designated as 
Parcel No. 2. 

3. An alley, 3 feet wide, laid out 94.7 feet north of Pratt 
Street and extending from Hayes Street, Westerly 30 
feet, more or less, to the end thereof and designated as 
Parcel No. 3. 

4. Hayes Street, 20 feet wide, and extending from Pratt 
Street, Northerly 141 feet, more or less, to Lemmon Street 
and designated as Parcel No. 4. 

5. An alley, 3 feet wide, laid out 78.7 feet north of Pratt 
Street and extending from Hayes Street, Easterly 20 
feet, more or less, to the end thereof and designated as 
Parcel No. 5. 

6. An alley, 3.5 feet wide, laid out 34 feet east of Hayes 
Street and extending from Lemmon Street, Southerly 55 
feet, more or less, to the end thereof and designated as 
Parcel No. 6. 

7. An alley, 2.53 feet wide, laid out 70.9 feet west of 
Hayes Street and extending from Pratt Street, Northerly 
30 feet, more or less, to the end thereof and designated as 
Parcel No. 7. 

8. An alley, 2.5 feet wide, laid out 70 feet east of Parkin 
Street and extending from Pratt Street, Northerly 80 feet, 
to an alley, 3 feet wide, laid out 80 feet north of Pratt 
Street and designated as Parcel No. 8. 

9. An alley, 3 feet \nde, laid out 80 feet north of Pratt 
Street and extending from a 3 foot alley laid out 47 feet 
east of Parkin Street, Easterly 50 feet, more or less, to 
another 3 foot alley laid out 100 feet east of Parkin Street 
and designated as Parcel No. 9. 

Sheet 2 of 2 comprising 2 alleys lying within the area 
bounded by Callender Street, Lemmon Street, Parkin Street 
and Pratt Street; said alleys are numbered ten and eleven 
on said sheet 2 and described as follows: 

10. An alley, 3 feet wide, laid out 46 feet east of Cal- 
lender Street and extending from Lemmon Street, South- 
erly 34 feet, more or less, to the end thereof and designated 
as Parcel No. 10. 



364 ORDINANCES Ord. No. 62 

11. An alley, 3 feet wide, laid out 44 feet east of Cal- 
lender Street and extending]: from an alley, 10 feet wide, 
laid out 68 feet north of Pratt Street, Northerly 21 feet, 
more or less, to the end thereof and designated as Parcel 
No. 11. 

the said streets and alleys as directed to be condemned 
being more particularly described and referred to among 
the Land Records of Baltimore City and delineated and 
particularly shown on a plat numbered 329-A-12 which was 
filed in the Office of the Department of Public Works on 
the fourteenth day of February in the year 1980, and is 
now on file in said Office. 

Sec. 2. Arid be it further ordained, That the proceedings 
of said Department of Public Works, with reference to the 
condemnation and opening of said streets and alleys and 
the proceedings and rights of all parties interested or 
affected thereby, shall be regulated by, and be in accordance 
with, any and all applicable provisions of Article 4 of the 
Code of Public Local Laws of Maryland and the Charter of 
Baltimore City (1964 Revision) as amended to July 1, 
1973 and any and all amendments thereto, and any and 
all other Acts of the Genei^al Assembly of ]\Iaryland, and 
any and all ordinances of the Mayor and City Council of 
Baltimore, and any and all rules or regulations in effect 
which have been adopted by the Director of Public Works 
and filed with the Department of Legislative Reference. 

Sec. 3. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved June 2, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 365 

No. 63 
(Council No. 142) 

AN ORDINANCE concerning 

CITY STREET— CLOSING CERTAIN STREETS, 

ALLEYS OR PORTIONS THEREOF IN THE MOUNT 

CLARE URBAN RENEWAL PROJECT 

FOR the purpose of condemning and closing certain 
streets and alleys or portions thereof lying within the 
area of the Mount Clare Urban Renewal Project in 
accordance with a plat thereof numbered 329-A-12A, pre- 
pared by the Surveys & Records Division and filed in 
the Office of the Department of Public Works, on the 
fourteenth day of February, 1980. 

BY authority of 

Article I — General Provisions 

Section 4 

Article II — General Provisions 

Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, 
and they are hereby authorized and directed to condemn 
and closed, CLOSE, certain streets and alleys or portions 
thereof lying within the Mount Clare Urban Renewal Proj- 
ect the streets and alleys hereby directed to be condemned 
for said closing being described as follows: 

Sheet 1 of 2 comprising certain streets and alleys lying 
within the area bounded by Pratt Street, Parkin Street, 
Lemmon Street, and Scott Street; said streets and alleys 
are numbered from one to nine on said sheet 1 and de- 
scribed as follows: 

1. An alley, 3 feet wade, laid out 100 feet east of Parkin 
Street and extending from Lemmon Street, Southerly 60 
feet, more or less, to the end thereof and designated as 
Parcel No. 1. 

2. An alley, 2 feet wide, laid out 43 feet west of Hayes 
Street and extending from Lemmon Street, Southerly 60 



866 ORDINANCES Ord. No. 63 

feet, more or less, to the end thereof and designated as 
Parcel No. 2. 

3. An alley, 3 feet wide, laid out 94.7 feet north of Pratt 
Street and extending from Hayes Street, Westerly 30 
feet, more or less, to the end thereof and designated as 
Parcel No. 3. 

4. Hayes Street, 20 feet wide, and extending from Pratt 
Street, Northerly 141 feet, more or less, to Lemmon Street 
and designated as Parcel No. 4. 

5. An alley, 3 feet wide, laid out 78.7 feet north of Pratt 
Street, and extending from Hayes Street, Easterly 20 
feet, more or less, to the end thereof and designated as 
Parcel No. 5. 

6. An alley, 3.5 feet wide, laid out 34 feet east of Hayes 
Street and extending from Lemmon Street, Southerly 55 
feet, more or less, to the end thereof and designated as 
Parcel No. 6. 

7. An alley, 2.53 feet wide, laid out 70.9 feet west of 
Hayes Street and extending from Pratt Street, Northerly 
30 feet, more or less, to the end thereof and designated as 
Parcel No. 7. 

8. An alley, 2.5 feet wide, laid out 70 feet east of Parkin 
Street and extending from Pratt Street, Northerly 80 feet, 
to an alley, 3 feet wide, laid out 80 feet north of Pratt 
Street and designated as Parcel No. 8. 

9. An alley, 3 feet vAde, laid out 80 feet north of Pratt 
Street and extending from a 3 foot alley laid out 47 feet 
east of Parkin Street, Easterly 50 feet, more or less, to 
another 3 foot alley laid out 100 feet east of Parkin Street 
and designated as Parcel No. 9. 

Sheet 2 of 2 comprising 2 alleys lying within the area 
bounded by Callender Street, Lemmon Street, Parkin Street 
and Pratt Street; said alleys are numbered ten and eleven 
on said sheet 2 and described as follows: 

10. An alley, 3 feet wide, laid out 46 feet east of Cal- 
lender Street and extending from Lemmon Street, South- 
erly 34 feet, more or less, to the end thereof and designated 
as Parcel No. 10. 



I 



ORDINANCES 367 

11. An alley, 3 feet wide, laid out 44 feet east of Cal- 
lender Street and extending from an alley, 10 feet wide, 
laid out 68 feet north of Pratt Street, Northerly 21 feet, 
more or less, to the end thereof and designated as Parcel 
No. 11. 

the said streets and alleys as directed to be condemned be- 
ing more particularly described and referred to among the 
Land Records of Baltimore City and delineated and par- 
ticularly show^n on a plat numbered 329-A-12A which was 
filed in the Office of the Department of Public Works on 
the fourteenth day of February, in the year 1980 and is 
now on file in the said Office. 



Sec. 2. And be it further ordained, That after said high- 
way or highw^ays shall have been closed under the provisions 
of this Ordinance, all subsurface structures and appurte- 
nances now owned by the Mayor and City Council of Balti- 
more, shall be and continue to be the property of the Mayor 
and City Council of Baltimore, in fee simple, until the use 
thereof shall be abandoned by the Mayor and City Council 
of Baltimore, and in the event that any person, firm or 
coi'poration shall first obtain permission and permits 
therefor from the Mayor and City Council of Baltimore, 
and shall in the application for such permission and permits 
agree to pay all costs and charges of every kind and nature 
made necessary by such removal, alteration or interference. 

Sec. 3. And be it further ordained, That no buildings or 
structures of any kind shall be constructed or erected in 
said portion of said highway or highways after the same 
shall have been closed under the provisions of this Ordi- 
nance until the subsurface structures and appurtenances 
now owned by the Mayor and City Council of Baltimore, 
over which said buildings or structures are proposed to be 
constructed or erected shall have been abandoned or shall 
have been removed and relaid in accordance with the speci- 
fications and under the direction of the Director of Public 
Works of Baltimore City, and at the expense of the person 
or persons or body corporate desiring to erect such build- 
ings or structures. Railroad tracks shall be taken to be 
"structures" within the meaning of this section. 



368 ORDINANCES Ord. No. 64 

Sec. 4. And be it further ordained, That after said high- 
way or hig-hways shall have been closed under the provi- 
sions of this Ordinance, all subsurface structures and ap- 
pui'tenances owned by any person, firm or corporation, 
other tlian the Mayor and City Council of Baltimore, shall 
upon notice from the Director of Public Works of Balti- 
more City, be promptly removed by and at the expense of 
the said owners. 

Sec. 5. And be it further ordained, That on and after 
the closing of said highway or highways, the said Mayor 
and City Council of Baltimore, acting through its duly au- 
thorized representatives, shall, at all times, have access to 
said property and to all subsurface structures and appur- 
tenances used by it therein, for the purposes of inspection, 
maintenance, repair, alteration, relocation and /'or replace- 
ment, of any or all of said structures and appurtenances, 
and this without permission from or compensation to the 
owner or owners of said land. 

Sec. 6. A7id be it further ordained, That the proceedings 
of said Department of Public Works with reference to the 
condemnation and closing of said streets and alleys and the 
proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, 
any and all applicable provisions of Article 4 of the Code 
of Public Local Laws of Maryland and the Charter of Bal- 
timore City (1964 Revision) as amended to July 1, 1973 
and any and all amendments thereto, and any and all other 
Acts of the General Assembly of Maiyland, and any and all 
ordinances of the Mayor and City Council of Baltimore, 
and any and all rules or regulations in effect which have 
been adopted by the Director of Public Works and filed 
with the Depaiiment of Legislative Reference. 

Sec. 7. And be it further ordained. That this Ordinance 
shall take effect from the date of its passage. 

Approved June 2, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 369 

No. 64 
(Council No. 151) 

AN ORDINANCE concerning 

ISSUANCE OF INDUSTRIAL DEVELOPMENT 
BONDS— HAMBURG STREET JOINT VENTURE 

FOR the pui-pose of authorizing and providing for the 
issuance from time to time, by the Mayor and City 
Council of Baltimore (the "City") of industrial develop- 
ment revenue bonds, designated "Baltimore City, Mary- 
land Industrial Development Revenue Bonds (Hamburg 
Street Joint Venture Project) ", in the aggregate principal 
amount not to exceed $1,450,000 (the "Bonds"), pursuant 
to the provisions of Sections 266A to 266-1, inclusive, of 
Article 41 of the Annotated Code of Maryland (1978 Re- 
placement Volume and 1979 Cumulative Supplement), as 
amended (the "Act"), in order to loan the proceeds 
thereof (the "Loan") to Hamburg Street Joint Venture, 
of Baltimore City, a Maryland general partnership and 
an "industrial concern" (as defined by the Act) ("Bor- 
rower"), for the purpose of financing the "acquisition" 
(as defined in the Act) by Borrower of an "industrial 
building" (as defined in the Act) (consisting of certain 
improved real property situate in Baltimore City and 
such items of machineiy and equipment as are necessary 
or useful to the purposes thereof) (the "Industrial Build- 
ing") to be leased to and used exclusively by Lee Electric 
Company of Baltimore City, a Maiyland Coi*poration, 
(the "Company") as provided in this Ordinance; author- 
izing the Mayor of the City to accept, on behalf of the 
City, the letter of intent, from the Borrower and the 
Company to the City, dated March 14, 1980; making 
certain legislative findings, among others, concerning the 
public benefit and purpose of the Bonds; providing that 
the Bonds and the interest thereon shall be limited obliga- 
tions of the City, repayable by the City solely from the 
revenue derived from Loan repa>Tnents (of principal, 
premium, if any, and interest) made to the City on ac- 
count of the Loan and from any other moneys made 
available to the City for such purpose, and that neither 
the Bonds nor the interest thereon shall ever constitute 



870 ORDINANCES Ord. No. 64 

an indebtedness or a charge against the general credit 
or taxing powei's of the City within the meaning of any 
constitutional or charter provision or statutory limitation 
and that neither shall ever constitute or give nse to any 
pecuniary liability of the City; providing that this Ordi- 
nance shall constitute a binding and enforceable commit- 
ment by the City to issue the Bonds; authorizing the 
private (negotiated) sale of the Bonds; authorizing and 
empowering the Board of Finance of the City (the 
"Board"), prior to the issuance, sale and deliveiy of the 
Bonds, to adopt a resolution pursuant to which the Board 
may as it deems appropriate: (1) prescribe (a) the final 
form, tenor, terms and conditions of and security for the 
Bonds, (b) the time of execution, issuance, sale and de- 
livery of the Bonds, (c) the actual amounts, denomina- 
tions, date, actual maturity or maturities (within the 
limits herein prescribed) and the place or places of pay- 
ment of the Bonds, (d) the final terms and conditions 
and details under which the Bonds may be called for 
redemption prior to their stated maturity, and (e) all 
other details of the Bonds. (2) appoint a trustee (the 
"Trustee") over the proceeds to be derived from the 
sale of the Bonds, (3) approve the form and contents, 
and authorize the execution and delivery (where applica- 
ble), of (a) a loan agreement (the "Loan Agreement") 
between the Borrower and the City, (b) a trust agree- 
ment between the City and the Trustee, (c) an assign- 
ment (which may be part of the form of the Bond) by 
the City to and for the benefit of the bondholders (s) of 
the City's rights and privileges under the Loan Agree- 
ment, and (d) such other documents, including (^^ithout 
limitation) a deed of trust, a lease, guaranties and 
security instruments, as the Board shall deem necessary 
to effectuate the issuance, sale and delivery of the Bonds, 
(4) determine the manner in which proceeds from sale 
of the Bonds may be invested, (5) provide for the pay- 
ment by the Borrower of all costs, fees and expenses 
incurred by or on behalf of the City in connection with 
the issuance, sale and delivery^ of the Bonds, (6) provide 
for the issuance and sale (subject to the passage of an 
appropriate ordinance authorizing the same as may be 
required at the time) of one or more series of additional 
bonds; and, (7) do any and all things, and authorize 



ORDINANCES 371 

the officials of the City to do any and all thin^^s, necessary, 
proper or expedient in connection with the issuance, sale 
and delivery of the Bonds ; providing* that the Borrower 
shall agree to submit certain plans and specifications to, 
and to coordinate with, the Department of Housing and 
Community Development in connection with the Acquisi- 
tion of the Industrial Building; and generally providing 
for and detennining various matters and details in con- 
nection with the authorization, issuance, security, sale 
and payment of the Bonds. 

RECITALS 

Sections 266A to 266-1, inclusive, of Article 41, of the 
Annotated Code of Maryland (1978 Replacement Volume 
and 1979 Cumulative Supplement), as amended through 
the date upon which are issued, sold and delivered the 
Bonds, hereinafter defined, (the ''Act") empower all the 
counties and municipalities of the State of Maryland to 
issue revenue bonds and to loan the proceeds of the sale 
of such revenue bonds to an "industrial concern" (as 
defined in the Act) to finance the ''acquisition" (as de- 
fined in the Act, the "Acquisition") by such "industrial 
concern" of "industrial buildings" (as defined in the 
Act). The Act declares it to be the legislative purpose 
to relieve conditions of unemployment in the State of 
Maryland, to encourage the increase of industry and a 
balanced economy in the State of Maryland, to assist in 
the retention of existing industry in the State of Mary- 
land through the control, reduction or abatement of 
pollution of the environment (where proceeds of the 
bonds are used for that purpose), to promote economic 
development, to protect natural resources and in this 
manner to promote the health, welfare and safety of the 
residents of each of the counties and municipalities of 
the State of Maryland. 

Mayor and City Council of Baltimore (the "City") 
has received a "letter of intent" (as mentioned in the 
Act) dated March 14, 1980 (the "Letter of Intent") 
from Hamburg Street Joint Venture, a Maryland general 
partnership, of Baltimore City ("Borrower") and Lee 
Electric Company of Baltimore City, a Maryland Cor- 
poration, of Baltimore City (the "Company"), each of 



372 ORDINANCES Ord. No. 64 

which is an "industrial concern", pursuant to which 
Borrower and the Company have requested the City to 
participate in the financing of the Acquisition by Bor- 
rower of certain improved real property situate in Bal- 
timore City and necessary or useful machinery and 
equipment, all of which in the aggregate constitute an 
''industrial building" (within the meaning of the Act) 
to be leased to and used exclusively by the Company 
(the ''Industrial Building"), by the issuance and sale 
by the City of its "Baltimore City, Maryland Industrial 
Development Revenue Bonds (Hamburg Street Joint 
Venture Project) ", in the aggregate principal amount not 
to exceed $1,450,000 (the "Bonds"), and by loaning the 
proceeds of the Bonds to Borrower upon the terms and 
conditions of a loan agreement to be entered into between 
the City and Borrower (the "Loan Agreement"), as per- 
mitted bv the Act (such loan being herein referred to as 
the "Loan"). 

The real portion of the Industrial Building is described 
as follows; that is to say: Being all that tract of land 
comprising 2.6766 acres more or less, situate and lying 
in the City of Baltimore, Maryland, with improvements 
thereupon being known as 600 West Hamburg Street, 
and more particularly identified as Parcel 1 of Lot 5 
of Freemont Project as said Parcel is shown on plat of 
"Freemont Project Final Subdivision" filed among the 
land records of Baltimore City on May 5, 1975 in that 
Plat Book Folder which bears the legend "Plat Record 
R.H.B. 2481. 

The Loan Agreement will require Borrower (a) to 
use the proceeds of the Bonds solely to finance the Ac- 
quisition of the Industrial Building and to pay all of 
the necessary expenses of preparing, printing, executing, 
issuing, delivering and selling the Bonds, and (b) to 
make Loan pa>Tnents which will be suflicient to enable 
the City to pay the principal of, premium, if any, and 
interest on the Bonds when and as the same shall be- 
come due and payable. 

The Bonds shall be sold at a private (negotiated) sale 
to ]\Iercantile-Safe Deposit and Trust Company, a Mary- 
land banking corporation, (the "Bank"), or another 
purchaser or purchasers. 



ORDINANCES 373 

In order to insure that the proceeds of the Bonds and 
the Loan shall be used solely for the purposes set forth 
in the Act, there shall be executed by the appropriate 
parties the Loan Agreement and a trust agreement (the 
"Trust Agreement") which shall, among other things, 
prescribe and proscribe the purposes (not inconsistent 
with this Ordinance) to which said proceeds shall be 
applied and the manner in which such proceeds may be 
invested prior to the time set forth therein for comple- 
tion of the Acquisition of the Industrial Building so that 
interest payments on the Bond shall at all times qualify 
as interest on the obligation of a political subdivision of 
a state under Section 103 (a) (1) of the Internal Revenue 
Code (1954). 

The Loan Agreement shall be secured by: a perfected 
security interest in the lease of the Industrial Building, 
a deed of trust (the ''Deed of Trust"), and such guar- 
anties and other evidences of/instruments granting per- 
fected security interests in all items comprising the In- 
dustrial Building (collectively the ''Collateral") as shall 
be deteiTnined by the Board of Finance of the City (the 
"Board") by a resolution (the "Resolution") to be 
adopted by the Board pursuant to this Ordinance prior 
to the issuance, sale and delivery of the Bonds. 

As security for the Loan and the Bonds the City shall 
execute seal and deliver an assignment without recourse 
(the "Assignment") (which Assignment may be part of 
the foiTn of the Bonds) to the Bank, as holder of the 
Bonds of (among other things) : (a) all of the City's 
right, title and interest in and to and remedies under the 
Loan Agreement, including (without limitation) the 
Collateral, excepting only the right of the City to in- 
demnification by Borrower and to payments to the City 
for expenses incurred by the City itself, (b) the receipts 
and revenues of the City from the Loan, (c) certain 
moneys which are at any time or from time to time on 
deposit as aforesaid with the Trustee, (d) all right, 
title and interest in and to and remedies with respect 
to any and all other property of every description and 
nature from time to time by delivery or by writing of 
any kind conveyed, pledged, assigned or transfen'ed, as 



374 ORDINANCES Ord. No. 64 

and for additional security for the Bonds, by tiie City 
or by anyone on its behalf or with its written consent, 
and (e) all of the City's rig-ht, title and interest in and 
to and remedies under such other documents, as the 
Board shall deem necessary to effectuate the issuance, 
sale and delivery of the Bonds and which the Board shall 
approve by the adoption of the Resolution. 

This Ordinance, by which is accepted the Letter of 
Intent, constitutes official action by the City, the com- 
mitment by the City to issue the Bonds and the City's 
authorization of Borrower to undertake the Acquisition 
of the Industrial Building, but does not constitute a 
g-uaranty by the City that upon issuance of the Bonds 
there will then be forthcoming any ready willing and 
able purchaser of the Bonds. 

As evidenced by the Letter of Intent, the Industrial 
Building is to be acquired by a bona fide tenant or pur- 
chaser within the meaning of the Act. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ACT: 

Section 1. B€ it ordained by the Mayor and City Council 
of Baltimore, That acting pursuant to the Act, it is hereby 
found and determined as follows : 

(a) Each of Borrower and the Company is an "industrial 
concern" as defined by the Act. The improved real property 
and the machinery and equipment, necessary or useful to 
the operation of the improved real property by Borrower 
and/or the Company (collectively the "Industrial Build- 
ing") in the agg-regate are and constitute an "industrial 
building" as defined by the Act. 

(b) The issuance and sale of the Bonds by the City pur- 
suant to the Act in order to lend the proceeds thereof to 
Borrower for the sole and exclusive pui*pose of financing 
the Acquisition by Borrower of the Industrial Building will 
facilitate and expedite the Acquisition of the Industrial 
Building by Borrower. 

(c) The Acquisition of the Industrial Building by Bor- 
rower and the financing thereof as provided in this Ordi- 



ORDINANCES 375 

nance will promote the declared legislative pun^oses of the 
Act by (i) sustaining jobs and employment, thus relieving 
conditions of unemployment in the State of Maryland and 
in Baltimore City; (ii) encouraging the increase of indus- 
try and the creation of a balanced economy in the State of 
Maryland and in Baltimore City; (iii) assisting in the 
retention of existing industry in the State of Maryland and 
in Baltimore City; (iv) promoting economic development, 
and (v) promoting the health, welfare and safety of the 
residents of the State of Maryland and Baltimore City. 

(d) In addition to authorizing the City itself to acquire 
the Industrial Building and either to lease or to sell the 
same to Borrower, the Act, as an alternative procedure, 
also authorizes "industrial building" financing to be accom- 
plished in the form of a loan by the City to Borrower. The 
loan form of transaction avoids indirect costs and burdens 
on the City by not requiring any direct involvement by the 
City in the acquisition, ownership or administration of 
the Industrial Building, while permitting ample controls 
to be imposed on the use of the proceeds of the Bonds to 
insure that the public purposes of the Act and the Bonds 
are fully accomplished. It is, therefore, in the best interests 
of the citizens of the City to finance the acquisition of the 
Industrial Building by a loan to Borrower. This Ordinance 
contemplates and authorizes a transaction in the form of a 
loan of the proceeds of the Bonds by the City to Borrower, 
rather than a transaction in the form of a lease or sale of 
the Industrial Building. Accordingly, this Ordinance, to- 
gether with the Resolution, the Loan Agreement, the Trust 
Agreement, the Assignment and the Deed of Trust author- 
ized hereby, and the other documents referred to herein, 
contains, or shall contain, such provisions as the City deems 
appropriate to effect the financing of the Acquisition by 
Borrower of the Industrial Building by the loan form of 
transaction. 

(e) Neither the Bonds nor the interest thereon shall 
ever constitute an indebtedness or general obligation of 
the City or a charge against or pledge of the general credit 
or taxing powers of the City within the meaning of any 
constitutional or charter provision or statutory limitation, 
and neither shall ever constitute or give rise to any pecu- 



876 ORDINANCES Ord. No. 64 

niary liability of the City. The Bonds and the interest 
thereon shall be limited obligations of the City, repayable 
by the City solely from the revenue derived from Loan 
repayments (principal, premium, if any, and interest) made 
to the City by Borrower on account of the Loan and from 
any other moneys made available to the City for such pur- 
pose. The proceeds derived from the sale of the Bonds will 
be paid over to the Trustee to be held and disbursed by the 
Trustee as provided in the Trust Agreement to be approved 
by the Board in the Resolution. The pa\mients to be made 
by Borrower pursuant to the Loan Agreement will be paid 
directly to the bond holder pursuant to the Loan Agreement 
and the Assignment to be approved by the Board in the 
Resolution. No such moneys will be commingled with the 
City's funds or will be subject to the absolute control of 
the City, but will be subject only to such limited supervision 
and checks as are deemed necessarj^ or desirable by the 
City to insure that the proceeds of the Bonds are used to 
accomplish the public purposes of the Act and this Ordi- 
nance. The Act provides that a loan fonn of transaction 
thereunder shall in no event constitute a capital project 
within the meaning of any charter or statutory provision. 
The public purposes expressed in the Act are to be achieved 
by facilitating the Acquisition and installation of the In- 
dustrial Building by Borrower. 

(f) The City will acquire no interest in the Industrial 
Building other than (i) any general interest in Borrower's 
property shared by all holders of Borrower's obligations 
which rank and are secured equally with Borrower's obli- 
gations pursuant to the Loan Agreement, (ii) the lien and 
security interest created by the Loan Agreement, aiid (iii) 
any interest created by any other security instrument exe- 
cuted and delivered by Borrower or any third party as 
security for the Loan as the Board may provide for and 
approve in the Resolution. The security for the Bonds shall 
be solely and exclusively (iv) the absolute, irrevocable and 
unconditional obligation of Borrower to make the pay- 
ments required by the Loan Agreement, (v) moneys realized 
from the liquidation of the lien and security interest 
created by the Loan Agi-eement and of any other lien or 
security interest created ^\^th respect to any property as 
security for the Loan or the Bonds as the Board may pro- 



I 



ORDINANCES 377 

vide for and approve in the Resolution, and (vi) moneys 
realized from any guaranty of the Bonds or of the Loan 
as the Board may provide for and approve in the Resolution. 

(g-) None of the revenues derived by the City from the 
Loan Agreement shall be set aside as a "depreciation ac- 
count" (mentioned in the Act). Such a depreciation account 
would be inconsistent with the transaction authorized 
hereby, and would place an unreasonable burden on Bor- 
rower so as to adversely affect the feasibility of the trans- 
action and thus frustrate the legislative purposes of the 
Act. Borrower shall covenant and agree in the Loan Agree- 
ment to properly operate and maintain the Industrial Build- 
ing during the time any of the Bonds are outstanding. Such 
covenant and agreement shall include a specific undertaking 
by Borrower to make all equipment replacements and re- 
pairs necessary to insure that the security for the Bonds 
shall not be impaired. 

(h) The best interests of the City will be served by selling 
the Bonds at private (negotiated) sale, as authorized by 
the Act. upon terms and conditions approved by the Board 
in the Resolution. 

(i) As evidenced by the Letter of Intent, the Industrial 
Building is to be acquired by a bona fide tenant or pur- 
chaser within the meaning of the Act. 

Sec. 2. And be it further ordained, That the City is 
hereby authorized and empowered to issue, sell and deliver 
its Baltimore City, Maryland Industrial Development Reve- 
nue Bonds (Hamburg Street Joint Venture Project), in 
the aggregate principal amount not to exceed $1,450,000, 
subject to the provisions of this Ordinance. The proceeds 
of the Bonds ^^^ll be loaned to Borrower pursuant to the 
terms and provisions of the Loan Agreement, to be used 
by Borrower for the purpose of financing the Acquisition 
of the Industrial Building. The Bonds and the interest 
thereon shall be limited obligations of the City, repayable 
by the City solely from the revenue derived from Loan 
repayments (principal, premium, if any, and interest) 
made to the City by Borrower pursuant to the Loan Agree- 
ment and from any other moneys made available to the 
City for such purpose. The security for the Bonds shall be 



378 ORDINANCES Ord. No. 64 

solely and exclusively as provided in Section 1 of this 
Ordinance. 

Sec. 3. And be it further ordained, That: 

(a) This Ordinance constitutes official action by the 
City, the commitment of the City to issue the Bonds and 
the City's authorization to Borrower to undei-take the 
Acquisition of the Industrial Building prior to issuance, 
sale and delivery of the Bonds; and, 

(b) The Mayor of the City is hereby authorized and 
directed to accept the Letter of Intent on behalf of the 
City in order to further evidence the commitment of the 
City to issue, sell and deliver the Bonds in accordance with 
the terms and provisions of this Ordinance. 



Sec. 4. And be it further ordained, That: 

(a) Each of the Bonds shall bear the descriptive title 
"Baltimore City, Maryland Industrial Development Reve- 
nue Bond (Hamburg Street Joint Venture Project)", pro- 
vided, that said title may contain such other descriptive 
information as the Board may prescribe in the Resolution 
(e.g. "1979 Series"). 

(b) The Bonds shall bear interest from the date of 
delivery at a fluctuating annual rate reflecting changes, 
from time to time during the teiTn of the Bond, in the 
Bank's prime lending rate of interest (the "Prime Rate"). 
At any time during the term of the Bonds, the annual 
rate of interest on the Bonds shall be equal to 9% plus 
one-half of the difference by which the Prime Rate then in 
effect exceeds 15.25 '^r and less one-half of the difference 
by which 15.25% exceeds the Prime Rate then in eflfect. 
However, during any period in which the interest payable 
on the Bonds is for any reason includible in the gross income 
(as defined in Section 61 of the Internal Revenue Code of 
1954, as amended) of the holder of any of the Bonds, the 
ANNUAL rate of interest payable on the Bonds held by 
such holder shall boar inter e st at s uch 4^ftte g^- rates of ift- 
t e rest a^ s hall he dotorminod hy negotiation hy i^ original 
purchas e r (^ purcha s er s of ti^ Bon ds a»4 s hall he ^^^e- 
s crib e d h¥ th^ Board ift the Resolution BE THE PRIME 



ORDINANCES 379 

RATE PLUS TWO (2%) PERCENT. The principal of 
and interest on the Bonds shall be payable regiilarly and 
at such times and, where applicable, in such amounts as are 
prescribed by the Board in the Resolution. 

Sec. 5. And be it further ordained, That the definitive 
Bonds, which may be engraved, printed or typewritten, 
shall be substantially in the following form with such ap- 
propriate variations, omissions and insertions as the Board 
may approve in the Resolution : 

FORM OF BOND 



UNITED STATES OF AMERICA 
STATE OF MARYLAND 

BALTIMORE CITY, MARYLAND 

INDUSTRIAL DEVELOPMENT REVENUE BOND 

(HAMBURG STREET JOINT VENTURE PROJECT) 

FOR VALUE RECEIVED, MAYOR AND CITY COUN- 
CIL OF BALTIMORE, a body politic and corporate and 
a political subdivision of the State of Maryland (the 
"City'*), hereby promises to pay (but only out of the 
"Receipts and Revenues of the City from the Loan" as 

hereinafter defined) to 

or its successor or registered assignee or legal representa- 
tive, the principal sum of ($ ) 

DOLLARS, payable in installments and in the manner 
hereinafter set forth, and to pay interest on the unpaid 
principal amount hereof from date hereof, until paid in 
full (or, if this Bond, or any portion hereof, shall have 
been duly called for early redemption and payment of the 
redemption price shall have been made or provided for, 
until the date fixed for such early redemption) at that 
annual rate of interest which shall be determined and be 
payable at the times and in the manner hereinafter set 
forth; provided, however, that during any period in which 
the interest payable hereon is for any reason includible in 
the gross income (as defined in Section 61 of the Internal 
Revenue Code of 1954, as amended) of the holder hereof, 
the ANNUAL rate of interest payable on the unpaid prin- 
cipal amount hereof shall be the "Taxable Rate" which is 



880 ORDINANCES Ord. No. 64 

equal to the "Prime Rate" (hereinafter defined) plus two 
(2%) percent (calculated on the basis of a 360-day year 
factor applied to actual days elapsed) . 

The principal hereof and interest hereon shall be paid 
in lawful money of the United States of America at the 
time of payment as follows : 

(a) Commencing on 1, 1980, and on 

the first day of each calendar month thereafter, continuing 

to and including the first day of , 1995 

(or until the date fixed for early redemption as referred to 
above) , the principal balance hereof shall be paid in equal 

consecutive monthly installments of $ each 

to the owner hereof without the necessity of surrendering 
or presenting this Bond. All pajonents made hereunder 
and under the next succeeding sub-part (b) shall fully dis- 
charge the obligation of the City herein to the extent of 
the payments so made. 

(b) On each of the dates prescribed by the preceding 
sub-part (a) hereof there shall be made upon the principal 
amount of this Bond then unpaid and outstanding (to in- 
clude the installment of principal paid on said date) a 
payment of interest, the amount of which shall be deter- 
mined by application to said principal amount of an annual 
rate of interest which shall reflect changes, from time to 
time throughout the term of this Bond, in the prime lending 
rate of interest (the 'Trime Rate") of ]\Iercantile-Safe 
Deposit and Trust Company, a Maryland banking corpora- 
tion with principal oflfices in Baltimore, IMaryland. On each 
such date the annual rate of interest (calculated on the 
basis of a 360-day year factor applied to actual days 
elapsed) shall be equal to 9^^^ plus one-half of the differ- 
ence by which the Prime Rate in effect as of said date 
exceeds 15.25^r and less one-half of the difference by which 
15.25'^r exceeds the Prime Rate in effect as of said date. 

(c) The entire unpaid principal amount hereof and 
all accrued and unpaid interest hereon shall be due and 
payable on that anniversary hereof which occurs in 1995, 
if not paid earlier. 

This Bond is one of a duly authorized issue of industrial 
development revenue bonds of the City, aggregating 



ORDINANCES 381 

DOLLARS ($ ) 

in principal amount, dated as of even date herewith, 
designated as "Baltimore City, Maryland Industrial De- 
velopment Revenue Bonds (Hamburg Street Joint Ven- 
ture)" (the "Bonds"), and issued under and pursuant to 
the Constitution and the laws of the State of Maryland, 
particularly Sections 266A to 266-1, inclusive, of Article 
41 of the Annotated Code of Maryland (1978 Replacement 
Volume and 1979 Cumulative Supplement), as amended 
through date hereof (the "Act"), and under and pursuant 

to Ordinance No of the City, approved by the 

Mayor of the City on , 1980 (the "Ordi- 
nance"), and by a resolution adopted by the Board of 
Finance of the City on , 1980 (the "Resolu- 
tion"), for the pui-pose of financing the acquisition and 
rehabilitation of certain improved real property located 
in the City of Baltimore and the acquisition of certain 
necessary or useful machinery and/or equipment (collec- 
tively, the "Industrial Building") by the Hamburg Street 
Joint Venture of Baltimore City, a Maryland partnership 
("Borrower"). 

The proceeds of the Bonds are being loaned to Borrower 
by the City under a Loan Agreement dated as of even 
date herewith, between Borrower and the City (the "Loan 
Agreement"). The Bonds and all of Borrower's obligations 
under the Loan Agreement are secured by certain col- 
lateral (the "Collateral") pledged under, defined and de- 
scribed in the Loan Agreement, and by a certain deed of 
trust (the "Deed of Trust") defined and described in the 
Loan Agreement. 

Pursuant to the Loan Agreement, payments sufficient for 
the prompt payment when due of the principal of, premium, 
if any, and interest on the Bonds are to be paid to the 
City. Pursuant to the Loan Agreement and by these presents 
the City assigns, wdthout recourse, to the holder of this 
Bond, among other things more particularly set forth in 
the Loan Agreement and by this reference incorporated 
herein, the revenue to be derived by the City (elsewhere 
herein, the "Receipts and Revenues of the City from the 
Loan") from (i) all monies paid by or for Borrower 



382 ORDINANCES Ord. No. 64 

under the Loan Agreement and to be applied for the 
purpose of paying the principal of, premium (if any) and 
interest (including, when applicable, interest at the Tax- 
able Rate) on the Bonds, (ii) all monies realized from the 
collateral, (iii) all monies realized in connection with the 
enforcement or perfection of the City's rights and remedies 
under, and/or the enforcement of Borrower's obligations 
under the Loan Agreement and under all of the documents 
and instruments (the "Documents") pertaining to the 
Bonds and described herein, in the Ordinance, the Reso- 
lution and the Loan Agreement, and (iv) all monies 
realized in connection with the enforcement or perfection 
of all rights and remedies granted for the benefit of the 
City and Bondholder under the Deed of Trust and/or 
the enforcement of Borrower's covenants set forth in the 
Deed of Trust; excepting from said monies only certain 
amounts expressly resei'ved to the City in the Ordinance, 
the Resolution, the Loan Agreement, the Deed of Trust 
and the Documents. Except for certain rights, remedies 
and interests specifically reserved under the City for the 
enforcement by the City of the right to receive from or 
on account of Borrower those certain amounts of money 
expressly reserved, as aforesaid, to the City, the City 
hereby grants and assigns without recourse, but subject to 
said reservation, all of the City's rights, remedies, secured 
interest in the collateral and all security granted, pledged 
and/or promised by or for Borrower in the Loan Agree- 
ment, the Deed of Trust and the Documents in order to 
secure the performance by Borrower of its obligations 
under the Loan Agreement and the payment to the City 
of the Receipts and Revenues of the City from the Loan. 
Moreover, the City grants and assigns unto the holder of 
this Bond without recourse, but subject to its reservation 
of the right to enforce pa\Tnent of said monies expressly 
reserved unto it out of the Receipts and Revenues of the 
City from the Loan, all of the City's rights to enforce and 
perfect said rights, remedies, secured interest and security 
for the pui-poses herein, in the Ordinance, the Resolution, 
the Loan Agreement and the Documents expressed, which 
rights shall be exercised by the holder of this Bond in the 
manner and under the circumstances described in the Loan 
Agreement. 



ORDINANCES 383 

As more fully provided in the Ordinance, the Resolution 
and the Loan Agreement, this Bond does not constitute an 
indebtedness or obligation to which the faith and credit of 
the City are pledged but are limited obligations of the 
City, which is obligated to pay the principal of and interest 
on the Bonds only out of the Receipts and Revenues of the 
City from the Loan. The Bonds may also be paid out of 
any other moneys made available to the City for the pay- 
ment thereof. By the terms of the Act, the principal of and 
interest on this Bond, do not, and shall not ever, constitute 
an indebtedness or charge against the general credit or 
taxing powers of the City within the meaning of any con- 
stitutional or charter provision or statutory limitation and 
shall not ever constitute or give rise to any pecuniary 
liability of the City. 

Reference is hereby made to the Ordinance, the Resolu- 
tion and the Loan Agreement for a full and complete 
statement of the provisions with respect to the collection 
and disposition of the Receipts and Revenues of the City 
from the Loan hereby assigned without recourse, as afore- 
said, as security for the payment of the Bonds and the in- 
terest thereon, the nature and extent of the security and 
the rights of the holders of the Bonds, the terms and con- 
ditions on which, and the purposes for which, the Bonds are 
issued and the rights, duties and obligations of the City, 
Borrower and the holder (s) of the Bonds, to all of which 
the holder hereof, by acceptance of this Bond, assents. 

The Bonds are issuable in the form of installment bonds 

without coupons in the denomination of $ 

each or integral multiples thereof. 

In the manner and with the effect provided in the Loan 
Agreement, this Bond may be redeemed by the City at the 
request of Borrower, prior to maturity, on any payment 
date described in subparagraph (a) above, either as a 
whole at any time or in part from time to time in multiples 
of $10,000.00, at a redemption price equal to the principal 
amount hereof to be redeemed, together with unpaid interest 
accrued to the date fixed for redemption, without payment 
of premium or penalty; provided, that any payment made 
in partial redemption shall be made pro rata in accordance 
with the aggregate principal amount of Bonds at the time 



884 ORDINANCES Ord. No. 64 

outstanding held by each holder and shall be applied to the 
principal to be redeemed under each of the Bonds in the 
inverse order of the installment payment dates. 

If this Bond or any portion hereof shall have been duly 
called for redemption, and payment of the redemption 
price, together with unpaid interest accrued to the date 
fixed for redemption, shall have been made or provided for, 
interest on this Bond or such portion hereof shall cease to 
accrue from the date fixed for redemption, and from and 
after such date this Bond or the portion hereof duly called 
for redemption shall no longer be entitled to any benefit or 
security except as provided in the Loan Agreement, the 
owner hereof shall have no rights in respect of this Bond 
or such portion hei'eof so called for redemption except to 
receive pajTnent of such redemption price and unpaid in- 
terest accrued to the date fixed for redemption. If a portion 
of this Bond shall be called for redemption, a new bond in 
principal amount equal to the unredeemed portion hereof 
will be issued to the owner upon the surrender hereof. 

In certain events, on the conditions, in the manner and 
with the effect set forth in the Loan Agreement, the prin- 
cipal of this Bond then outstanding may become or may 
be declared due and payable before the stated maturities 
hereof, together \vith the interest accrued hereon. 

Except in the manner and under the circumstances de- 
scribed in the Loan Agreement the holder of this Bond 
shall have no right to enforce the provisions of the Loan 
Agreement, or to institute action to enforce the covenants 
therein, or to take any action with respect to any default 
under the Loan Agreement, or to institute, appear in or 
defend any suit or other proceeding with respect thereto. 

This Bond, upon surrender hereof at the office of the 
Director of Finance of the City with a written instrument 
satisfactory to the Director of Finance and duly executed 
by the owner hereof or the owner's duly authorized at- 
torney, may, at the option of the o^^^ler, be exchanged for 
an equal aggregate principal amount of Bonds of au- 
thorized denominations to be then given over to the owner 
and/or transferred to such other entity (s) as may be 
designated within said instrument. Such transfers or ex- 
changes shall be without charge to Borrower, and any 



I 



ORDINANCES 385 

taxes or other governmental charges required to be paid 
with respect to the same shall be paid by the owner re- 
questing such transfer or exchange as a condition prece- 
dent to the exercise of such privilege. 

The City and Borrower may deem and treat the entity 
to whom this Bond is sold by the City as the absolute owner 
hereof for all pui^DOses ; and neither the City nor Borrower 
shall be affected by any notice to the contrary, unless and 
until there is observed the procedure described by the 
paragraph immediately preceding this. 

All acts, conditions and things required by the Constitu- 
tion and statutes of the State of Maryland, the Ordinance 
and the Resolution and to exist, to have happened and to 
have been performed precedent to and in the issuance of 
this Bond, do exist, have happened and have been performed. 

No covenant or agreement contained in this Bond or 
the Loan Agreement shall be deemed to be a covenant or 
agreement of any officer, agent or employee of the City in 
his or her individual capacity, and neither the members of 
the City Council of Baltimore nor ony official executing this 
Bond shall be liable personally on this Bond or be subject 
to any personal liability or accountability by reason of the 
issuance of this Bond. 

This Bond and the assignment herein contained shall 
not be entitled to any benefit or be valid or become obliga- 
tory for any purpose, until Borrower shall have, by certifi- 
cate in the form hereunto appended, acknowledged this 
Bond as one of the Bonds described in the Loan Agreement 
and evidenced Borrower's receipt of the proceeds derived 
from the sale of this Bond. 

IN WITNESS WHEREOF, Mayor and City Council of 
Baltimore, has caused this bond to be executed in its name 
and on its behalf by its Mayor by his manual or facsimile 
signature, and by its Director of Finance, by his manual or 
facsimile signature, and has caused its corporate seal or a 
facsimile thereof to be impressed or otherwise reproduced 
hereon, and attested by its Custodian of the City Seal, by 

his manual signature, all as of the dav of 

1980. 



886 ORDINANCES Ord. No. 64 

MAYOR AND CITY COUNCIL 
OF BALTIMORE 

(SEAL) By 

William Donald Schaefer, Mayor 
ATTEST: 

By 

Lawrence B. Daley, Charles L. Benton, 
Custodian of the Director of Finance 

City Seal 

Borrower's Certificate 

This Bond is one of the Bonds described in the Ordinance 
and the Loan Agreement. Borrower has received the prin- 
cipal amount derived as proceeds from the sale of this 
Bond, which amount is particularly identified on the first 
page of this Bond. Borrower acknowledges its obligation 
to make directly to the holder of this Bond the pavTnents 
described in this Bond, the right to receive and enforce 
which payments has by the City, as obligee, been assigned 
to the holder of this Bond. 

Hamburg Street Joint Venture 
By 



General Partner 
By 



General Partner 

Sec. 6. And he it further ordained. That the Bonds, the 
Loan Agreement, the Assignment, and, where applicable, 
all such other documents as the Board shall deem neces- 
sai-y to effectuate the issuance, sale and deliveiy of the 
Bonds and the security therefor, shall be executed in 
the name of the City and on its behalf by the Mayor of 
the City (and/or such other official of the City .'is is ap- 
propriate to the purposes thereof) by his manual or fac- 
simile signature, and the corporate seal of the City or a 
facsimile thereof shall be impressed or otherwise repro- 
duced thereon and attested by the Custodian of the City 
Seal by his manual signature. In case any officer whose 
signature or a facsimile of whose signature shall appear 
on the Bonds or any of the aforesaid documents shall 
cease to be such officer before the delivery of the Bonds or 
any of the other aforesaid documents, such signature or 



I 



ORDINANCES 387 

such facsimile shall nevertheless be valid and sufficient for 
all purposes, the same as if such officer had remained in 
office until delivery. The Mayor of the City, the Director 
of Finance of the City, the Custodian of the City Seal 
and other officials of the City are hereby authorized and 
empowered to do all such acts and things and execute 
such documents and certificates as the Board may deter- 
mine in the Resolution to be necessary to carry out and 
comply with the provisions hereof. 

Sec. 7. And be it further ordained, That the Bonds 
shall be executed, issued and delivered at any time or from 
time to time and in such amount or amounts not exceed- 
ing, in the aggregate, the principal amount of $1,450,000, 
as the Board shall prescribe in the Resolution. 

Sec. 8. And be it further ordained, That the Bonds 
shall be dated, shall be in such form, denominations, tenor, 
and shall be payable at such rate or rates of interest 
(within limits herein prescribed), in such amounts at 
such times not exceeding 15 years from the date of sale 
and at such place or places as the Board shall prescribe in 
the Resolution. 

Sec. 9. And be it further ordained, That the Bonds 
will be subject to redemption prior to maturity upon such 
terms and conditions as the Board shall prescribe in the 
Resolution. 

Sec. 10. And be it further ordained, That prior to the 
issuance, sale and delivery of the Bonds, the Board shall 
adopt the Resolution pursuant to which the Board may: 

(a) prescribe the final form, tenor, terms and condi- 
tions of and security for the Bonds ; 

(b) approve (in all instances where applicable, the 
form, duration, security, corpus, and contents, and au- 
thorize the execution and delivery (where applicable) of 
and for (i) the Loan Agreement and the Loan thereby 
evidenced, (ii) the Trust Agreement, (iii) the Deed of 
Trust, and (iv) such other documents, including (without 
limitation) guaranties and security instruments as the 
Board shall deem necessai-y to effectuate the issuance, sale 
and delivery of the Bonds ; 



888 ORDINANCES Urd. No. 64 

(c) determine the time of execution, issuance, sale and 
delivery of the Bonds and prescribe any and all other 
details of the Bonds ; 

(d) provide for the payment by Borrower of all costs, 
fees and expenses incurred by or on behalf of the City in 
connection with the issuance, sale and delivery of the 
Bonds, including (without limitation) costs of printing (if 
any) and issuing the Bonds, legal expenses and compensa- 
tion to any person (other than full time employees of the 
City) performing services by or on behalf of the City in 
connection therewith; and, 

(e) do any and all things, and authorize the officials 
of the City to do any and all things, necessary, proper or 
expedient in cormection with the issuance, sale and delivery 
of the Bonds. 

Sec. 11. And be it further ord<nned, That, as authorized 
by the Act, the Bonds shall be sold at private (negotiated) 
sale upon such terms and conditions as shall be approved 
by the Board in the Resolution. 

Sec. 12. And be it further ordained. That neither the 
Bonds nor the interest thereon shall ever constitute an 
indebtedness or general obligation of the City or a charge 
against the general credit or taxing powers of the City 
within the meaning of any constitutional or chai-ter provi- 
sions or statutory limitation, and neither shall ever con- 
stitute or give rise to any pecuniary liability on the part 
of the City. The Bonds, and the interest thereon, shall be 
limited obligations of the City, the principal of and 
interest on which Bonds shall be payable by the City solely 
from the revenue derived from Loan repayments (both 
principal and interest) made to the City by Borrower on 
account of the Loan and, to the extent provided by the 
Board in the Resolution, from the proceeds of the Bonds, 
and from any other moneys made available to the City 
for such pui-pose. No such moneys will be commingled 
with the City's funds or will be subject to the absolute 
control of the City, but will be subject only to such limited 
supervision and checks as are deemed necessary or de- 
sirable by the City to insure that the proceeds of the Bonds 



i 



ORDINANCES 389 

are used to accomplish the public purposes of the Act and 
this Ordinance. 

Sec. 13. And be it further ordained, That in considera- 
tion of the purchase and acceptance of the Bonds by those 
who shall hold the Bonds from time to time, the City does 
hereby, and by the execution and delivery of the Assign- 
ment, shall, set aside and pledge the income and revenue 
under the Loan Agreement (other than payments to the 
City for indemnification or to reimbui*se the City for 
expenses incurred by the City itself) to be used and 
applied for the payment of the principal of and interest on 
the Bonds. Pursuant to the terms of the Loan Agreement, 
Borrower shall be obligated to make payments sufl[icient 
for the prompt payment when due of the principal of, 
premium, if any, and interest on the Bonds. 

Sec. 14. And be it further ordained, That the Borrower 
shall, prior to and as a condition precedent to adoption of 
the Resolution : 

(a) submit any plans and specifications for the Acqui- 
sition of the Industrial Building to the Department of 
Housing and Community Development for approval, with 
the understanding that the Department of Housing and 
Community Development may refuse approval of any plans 
and specifications for aesthetic or functional reasons ; and 

(b) work with the design advisory group appointed by 
the Department of Housing and Community Development 
in order to achieve high quality and design, so that such 
approval is obtained. 

Sec. 15. And be it further ordained, That the provisions 
of this Ordinance are severable, and if any provisions, 
sentence, clause, section or part hereof is held illegal, 
invalid or unconstitutional or inapplicable to any person or 
circumstances, such illegality, invalidity or unconstitu- 
tionality, or inapplicability shall not affect or impair any 
of the remaining provisions, sentences, clauses, sections, or 
parts of this Ordinance or their application to other persons 
or circumstances. It is hereby declared to be the legislative 
intent that this Ordinance would have been passed if such 



890 ORDINANCES Ord. No. 65 

illegal, invalid or unconstitutional provision, sentence, 
clause, section or part had not been included herein, and 
if the person or circumstances to which this Ordinance or 
any part hereof are inapplicable had been specifically ex- 
empted herefrom. 

Sec. 16. Ayid be it further ordained. That if the Bonds 
are not issued and sold within six months from the date on 
which this Ordinance is approved by the Mayor of the City, 
the authorization provided in this Ordinance for the City 
to issue and sell the Bonds shall expire; provided however 
that the Board may, after a showing- of good cause at a 
public hearing held before the Board, extend such authoriza- 
tion for one additional term not to exceed six months. The 
Board in its sole discretion shall determine the sufficiency, 
or lack thereof, of the reasons presented for any requested 
extension of this Ordinance. If an extension is granted, 
notice of such extension and the reasons therefore shall be 
given to the City Council. 

Sec. 17. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved June 2, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 65 
(Council No. 152) 

AN ORDINANCE concerning 

ISSUANCE OF INDUSTRIAL DEVELOPMENT 
REVENUE BONDS— H&S BAKERY, INC. 

FOR the purpose of authorizing and empowering Mayor 
and City Council of Baltimore to issue, sell and deliver, 
at any time or from time to time, its industrial develop- 
ment revenue bonds, designated "Baltimore City, Mar>'- 
land Industrial Development Revenue Bonds (H&S 



ORDINANCES 391 

Bakery, Inc. Project) ", in the aggregate principal amount 
not to exceed $2,000,000, pursuant to the provisions of 
Sections 266A to 266-1, inclusive, of Article 41 of the 
Annotated Code of Maiyland (1978 Replacement Volume 
and 1979 Cumulative Supplement), as amended, in order 
to loan the proceeds thereof to H&S Bakery, Inc., a Mary- 
land corporation, for the sole and exclusive purpose of 
financing the acquisition of a certain industrial building 
in Baltimore City; authorizing the Mayor of the City to 
accept, on behalf of the City, the Borrower's letter of 
intent to the City dated ]\Iarch 11, 1980; making certain 
legislative findings, among others, concerning the public 
benefit and pui-pose of such bonds; authorizing the pri- 
vate (negotiated) sale of such bonds; prescribing the 
method of determining the rate or rates of interest such 
bonds are to bear, the basic form, tenor, terms and con- 
ditions of and security for such bonds and the terms and 
conditions under which such bonds may be called for 
redemption prior to their stated maturity or maturities; 
authorizing and empowering the Board of Finance of the 
City, prior to the issuance, sale and deliveiy of any of 
such bonds, to adopt a resolution pursuant to which the 
Board may specify, prescribe, determine, provide for and 
approve certain matters, details, documents and pro- 
cedures in connection with the authorization, issuance, 
sale and payment for such bonds; providing that H&S 
Bakery, Inc. shall agree to submit certain plans and 
specifications to, and coordinate with, the Department of 
Housing and Community Development in connection with 
the acquisition of the industrial building; and generally 
providing for and determining various matters and de- 
tails in connection with the authorization, issuance, secu- 
rity, sale and payment of such bonds. 

RECITALS 

Sections 266A to 266-1, inclusive, of Article 41 of the 
Annotated Code of Maiyland (1978 Replacement Volume 
and 1979 Cumulative Supplement), as amended, (the 
"Act") empower all the counties and municipalities of 
the State of Maiyland to issue revenue bonds and to loan 
the proceeds of the sale of such revenue bonds to an 
industrial concern to finance the acquisition (as defined 



892 ORDINANCES Ord. No. 65 

in the Act) by such industrial conceni of an industrial 
building- (as defined in the Act). The Act declares it to be 
the leg-islative punx)se to relieve conditions of unemploy- 
ment in the State of Maryland, to encourage the increase 
of industry and a balanced economy in the State of Mary- 
land, to assist in the retention of existing industry in the 
State of Maryland through the control, reduction or 
abatement of pollution of the envii*onment (where pro- 
ceeds of the bonds are used for that purpose) , to promote 
economic development, to protect natural resources and in 
this manner to promote the health, welfare and safety 
of the residents of each of the counties and municipali- 
ties of the State of Maryland. 

Mayor and City Council of Baltimore (the "City") has 
received a letter of intent dated March 11, 1980 (the 
''Letter of Intent") from H&S Bakery, Inc., a Maryland 
corporation and an industrial concern as mentioned in 
the Act (the "Borrower"), pursuant to which the Bor- 
rower has requested the City to participate in the financ- 
ing of the acquisition by the Borrower of an industrial 
building (within the meaning of the Act) to be located 
in Baltimore City, Maryland (the "Industrial Building"), 
by the issuance and sale by the City of its Baltimore City. 
Maryland Industrial Development Revenue Bonds (H&S 
Bakery, Inc. Project), in the aggregate principal amount 
not to exceed $2,000,000 (the "Bonds"), and by loaning 
the proceeds of the Bonds to the Borrower upon the 
terms and conditions of a loan agreement to be entered 
into between the City and the Borrower (the "Loan 
Agreement"), as permitted by the Act (such loan being 
herein referred to as the "Loan") . 

The Industrial Building will consist of a one-stoiw, 
block building containing approximately 50,428 square 
feet of space together with two loading platforms for 
use by the Borrower as a loading and shipping facility, 
all to be located on approximately 1.17 acres of land 
located in Baltimore (i^ity. Maiyland and bounded by 
Fleet Street, S. Eden Street, Aliceanna Street and Cen- 
tral Avenue. 

The Loan Agreement will require the Borrower (a) 
to use the proceeds of the Bonds solely to finance the 



ORDINANCES 393 

acquisition of the Industrial Building", and (b) to make 
Loan payments which will be sufficient to enable the 
City to pay the principal of and interes.t and premium, 
if anj% on the Bonds when and as the same shall become 
due and payable. 

As security for the Bonds, the City will enter into an 
Assignment and Security Agreement (the "Assignment") 
with the original purchaser of the Bonds (the "Original 
Purchaser"), and a trustee (which may be the Original 
Purchaser) (the "Project Fund Trustee"). Pursuant to 
the Assignment, the City will assign to the Original 
Purchaser, its successors and assigns, (among other 
things) (a) all of the City's right, title and interest in 
and to and remedies under the Loan Agreement, includ- 
ing (without limitation) any and all collateral referred 
to therein, excepting only the right of the City to indemni- 
fication by the Borrower and to payments to the City 
for expenses incurred by the City itself, (b) the receipts 
and revenues of the City from the Loan, (c) certain 
moneys which are at any time or from time to time on 
deposit with the Project Fund Trustee, (d) all right, 
title and interest in and to and remedies with respect to 
any and all other property of every description and 
nature from time to time by delivery or by wnting of 
any kind conveyed, pledged, assigned or transferred, as 
and for additional security for the Bonds, by the City 
or by anyone on its behalf or with its written consent, 
to the Original Purchaser, its successors or assigns, and 
(e) all of the City's right, title and interest in and to 
and remedies under such other documents, including 
(without limitation) mortgages, deeds of trust, guaran- 
ties and security instruments as the Board of Finance 
of the City (the "Board") shall deem necessary to 
effectuate the issuance, sale and deliver>^ of the Bonds 
and which the Board shall approve by a resolution (the 
"Resolution") to be adopted by the Board prior to the 
issuance, sale and delivery of any of the Bonds. 

As evidenced by the Letter of Intent, the Industrial 
Building is to be acquired by a bona fide tenant or pur- 
chaser and an industrial concern ^^'ithin the meaning of 
the Act. 



394 ORDINANCES Ord. No. G3 

The Bonds will be sold by private (negotiated) sale. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ACT: 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That acting pursuant to the Act, it is hereby- 
found and determined as follows: 

(1) The issuance and sale of the Bonds by the City pur- 
suant to the Act in order to lend the proceeds thereof to the 
Borrower for the sole and exclusive pui-pose of financing 
the acquisition (within the meaning of the Act) by the Bor- 
rower of the Industrial Building will facilitate and expedite 
the acquisition of the Industrial Building by the Borrower. 

(2) The acquisition of the Industrial Building by the 
Borrower and the financing thereof as provided in this 
Ordinance will promote the declared legislative purposes of 
the Act by (a) sustaining jobs and emplo\Tnent, thus re- 
lieving conditions of unemplo\Tnent in the State of ]\rary- 
land and in Baltimore City; (b) encouraging the increase 
of industry and the creation of a balanced economy in the 
State of I\raniand and in Baltimore City; (c) assisting in 
the retention of existing industn- in the State of ^lan^land 
and in Baltimore City: (d) promoting economic develop- 
ment; and (e) promoting the health, welfare and safety of 
the residents of the State of Man-land and Baltimore City. 

(3) In addition to authoi'izing the City itself to acquire 
the Industrial Building and either to lease or to sell the 
same to the Borrower, the Act, as an alternative procedure, 
also authorizes industrial building financing to be accom- 
plished in the foiTn of a loan by the City to the Borrower. 
The loan form of transaction avoids indirect costs and bur- 
dens on the City by not requiring any direct involvement 
by the City in the acquisition, ownership or administration 
of the Industrial Building, while permitting ample controls 
to be imposed on the use of the proceeds of the Bonds to in- 
sure that the public purposes of the Act and the Bonds are 
fully accomplished. It is, therefore, in the best interests of 
the citizens of the City to finance the acquisition of the 
Industrial Building by a loan to the Borrower. This Ordi- 
nance contemplates and authorizes a transaction in the 



ORDINANCES 395 

form of a loan of the proceeds of the Bonds by the City to 
the Borrower, rather than a transaction in the form of a 
lease or sale of the Industrial Building. Accordingly, this 
Ordinance, together with the Resolution, the Assignment, 
and the Loan Agreement authorized hereby, and the other 
documents referred to herein, contain, or shall contain, such 
provisions as the City deems appropriate to effect the 
financing of the acquisition by the Borrower of the Indus- 
trial Building by the loan form of transaction. 

(4) Neither the Bonds nor the interest thereon shall ever 
constitute an indebtedness or general obligation of the City 
or a charge against, or pledge of the general credit or 
taxing powers of the City, within the meaning of any 
constitutional or charter provision or statutory limitation, 
and neither shall ever constitute or give rise to any pecuni- 
ary liability of the City. The Bonds and the interest 
thereon shall be limited obligations of the City, repayable 
by the City solely from the revenue derived from Loan re- 
payments (both principal and interest) made to the City 
by the Borrower on account of the Loan and from any 
other moneys made available to the City for such purpose. 
The proceeds of the Bonds will be paid directly to the 
Project Fund Trustee to be held and disbursed by the 
Project Fund Trustee as provided in the Assignment to be 
approved by the Board in the Resolution. Payments of the 
principal of and premium (if any) and interest on the 
Loan \\ill be paid by the Borrower directly to the holders of 
the Bonds as provided in the Assignment to be approved by 
the Board in the Resolution. No such monej^s will be 
commingled with the City's funds or will be subject to the 
absolute control of the Cit>% but vnW be subject only to 
such limited supervision and checks as are deemed neces- 
sary or desirable by the City to insure that the proceeds of 
the Bonds are used to accomplish the public purposes of 
the Act and this Ordinance. The Act provides that a loan 
foiTTi of transaction thereunder shall in no event constitute 
a capital project within the meaning of any charter or 
statutory provision. The public purposes expressed in the 
Act are to be achieved by facilitating the acquisition of the 
Industrial Building by the Borrower. 

(5) The City will acquire no interest in the Industrial 
Building other than (a) any general interest in the Bor- 



396 ORDINANCES Ord. No. 65 

rower's proj^erty shared by all holders of the Borrower's 
obligations which rank and are secured equally with the 
Borrower's oblig-ations pursuant to the Loan Aprreement, 
(b) any lien and security interest created by the Loan 
Agreement, and (c) any interest created by any other 
mortgage or deed of trust or other security instrument 
executed and delivered by the Borrower or any third party 
as security for the Loan as the Board may provide for and 
approve in the Resolution. The security for the Bonds shall 
be solely and exclusively (a) the absolute, irrevocable and 
unconditional obligations of the Borrower to make the 
payments required by the Loan Agreement, (b) moneys 
realized from the liquidation of any lien and security in- 
terest created by the Loan Agreement and of any other 
lien or security interest created with respect to any prop- 
erty as security for the Loan or the Bonds as the Board 
may provide for and approve in the Resolution, and (c) 
moneys realized from any guaranty' of the Bonds or of the 
Loan as the Board may provide for and approve in the 
Resolution. 

(6) None of the revenues derived by the City from the 
Loan Agreement shall be set aside as a depreciation 
account (mentioned in the xAct). Such a depreciation 
account would (a) be inconsistent with the transaction 
authorized hereby, and (b) place an unreasonable burden 
on the Borrower so as to adversely affect the feasibility of 
the transaction and thus frustrate the legislative pur- 
poses of the Act. The Borrower shall covenant and agree 
in the Loan Agreement to properly operate and maintain 
the Industrial Building during the time any of the Bonds 
are outstanding. Such covenant and agreement shall include 
a specific undertaking by the Borrower to make all equip- 
ment replacements and repairs necessary to insure that the 
security for the Bonds shall not be impaired. 

(7) The best interests of the City \nll be served by sell- 
ing the Bonds by private (negotiated) sale, as authorized 
by the Act. upon teiTns and conditions approved by the 
Board in the Resolution. 

(8) As evidenced by the Letter of Intent, the Industrial 
Building is to be acquired by a bona fide tenant or pur- 
chaser and by an industrial concern \\'ithin the meaning 
of the Act. 



ORDINANCES 397 

Sec. 2. A7id be it further ordciined. That the Cit>^ is 
hereby authorized and empowered to issue, sell and deliver, 
at any time or from time to time, its Baltimore City, Main- 
land industrial Development Revenue Bonds (H&S Bakery, 
Inc. Project) , in the aggregfate principal amount not to ex- 
ceed $2,000,000 subject to the provisions of this Ordi- 
nance. The proceeds of the Bonds will be loaned to the 
Borrower pursuant to the teiTns and provisions of the Loan 
Agreement, to be used by the Borrower for the sole and ex- 
clusive purpose of financing the acquisition of the Industrial 
Building. The Bonds and the interest thereon shall be 
limited obligations of the City, repayable by the City solely 
from the revenue derived from Loan repajonents (both 
principal and interest) made to the City by the Borrower 
pursuant to the Loan Agreement and from any other 
moneys made available to the City for such purpose. The 
security for the Bonds shall be solely and exclusively as 
provided in Section 1 of this Ordinance. 

Sec. 3. And he it further ordained. That the Mayor of the 
City is hereby authorized and directed to accept the Letter 
of Intent on behalf of the City in order to further evidence 
the binding commitment of the City to issue, sell and de- 
liver the Bonds in accordance with the temis and provisions 
of this Ordinance. This Ordinance is intended to be, and 
shall constitute, a binding and enforceable commitment by 
the City to the Borrower to issue and deliver the Bonds 
authorized hereby in accordance with the terms hereof; 
however, the City can make no assurances as to the availa- 
bility of a ready, ^^^lling and able purchaser of the Bonds, 
and the City will have no obligation to find a purchaser for 
the Bonds. The City and the Borrower contemplate that 
upon the enactment of this Ordinance by the City the Bor- 
rower may proceed with the acquisition of the Industrial 
Building prior to the issuance, sale and delivery of the 
Bonds authorized hereby. 

Sec. 4. And he it further ordained. That each of the 
Bonds shall bear the descriptive title ''Baltimore City, 
Maryland Industrial Development Revenue Bond (H&S 
Bakery, Inc. Project)", pro\ided, that the descriptive title 
may contain such other descriptive information as the 
Board may prescribe in the Resolution (e.g. ''1980 Series") . 



398 ORDINANCES Ord. No. 65 

The Bonds may bear interest from the date of delivery at 
a floating rate of interest equal to 60% of the commercial 
prime rate of interest in effect at The Equitable Trust Com- 
pany from time to time, provided, that the applicable in- 
terest rate shall in no event, however, exceed 11% per an- 
num or be less than 7^/2% Per annum; or at such higher 
rate of interest as may be prescribed by the Board in the 
Resolution ; provided, however, that during any period in 
which the interest payable on the Bonds is for any reason 
includible in the gross income (as defined in Section 61 of 
the Internal Revenue Code of 1954, as amended) of any 
holder of any of the Bonds, such Bonds may bear interest 
at a floating i*ate equal to the commercial prime rate of 
interest in effect at The Equitable Trust Company from 
time to time plus 1.176% per annum, provided, that the 
applicable interest rate shall in no event, however, exceed 
21.07% per annum or be less than 14.37% per annum; pro- 
vided further that the exact rate or rates of interest (or if 
the rate of interest is to be a floating rate, the exact formula 
for computing such rate of interest) shall be prescribed by 
the Board in the Resolution (within the limits herein 
prescribed). Interest only on the Bonds shall be payable 
monthly on dates to be prescribed by the Board in the Reso- 
lution during the first 12 months from the date the Loan 
Agreement is executed. Thereafter, the principal of the 
Bonds and the interest thereon shall be payable in monthly 
installments on dates and in amounts to be prescribed by 
the Board in the Resolution. 

Sec. 5. And he it further ordained, That the definitive 
Bonds, which may be engraved, printed or typewritten, shall 
be substantially in the following basic foiTn ^^^th such 
appropriate variations, omissions, insertions and additional 
provisions as the Board may approve in the Resolution : 



FORM OF BOND 



No. R 



UNITED STATES OF AMERICA 

STATE OF MARYLAND 
BALTIMORE CITY, MARYLAND 



ORDINANCES 399 

INDUSTRIAL DEVELOPMENT REVENUE BOND 

(H&S BAKERY, INC. PROJECT) 

19 SERIES 

FOR VALUE RECEIVED, MAYOR AND CITY COUN- 
CIL OF BALTIMORE, a body politic and corporate and 
a political subdivision of the State of Maryland (the 
"Issuer"), hereby promises to pay (but only out of the 
"Receipts and Revenues of the Issuer from the Loan" as 

hereinafter defined) to the order of 

, or its successor, assignee or 

legal representative, the principal sum of 

DOLLARS, payable in in- 
stallments and in the manner hereinafter set forth, and to 
pay interest on the unpaid principal amount hereof from 

, 198 . . . . , until paid in full (or, if this 

bond, or any portion hereof, shall have been duly called 
for early redemption and payment of the redemption price 
shall have been made, until the date fixed for such early 
redemption) at a floating rate of interest equal to 60% of 
the commercial prime rate of interest in effect at The 
Equitable Trust Company, a Maryland banking corpora- 
tion, from time to time (calculated on the basis of a 360- 
day year factor applied to actual days elapsed), provided, 
that the applicable interest rate shall in no event, however, 
exceed 11% per annum or be less than 71/^ % per annum; 
payable at the times and in the manner hereinafter set 
forth ; provided, however, that during any period in which 
the interest payable hereon is for any reason includible 
in the gross income (as defined in Section 61 of the Internal 
Revenue Code of 1954, as amended) of the owmer hereof, 
the rate of interest payable on the unpaid principal amount 
hereof shall be at a floating rate equal to the commercial 
prime rate of interest in effect at The Equitable Trust 
Company, a Maryland banking corporation, from time to 
time plus 1.176% per annum (calculated on the basis of a 
360-day year factor applied to actual days elapsed), pro- 
vided, that the applicable interest rate shall in no event, 
however, exceed 21.07% per annum or be less than 14.37% 
per annum. 

The principal hereof and interest hereon shall be paid 
in any coin or currency of the United States of America 



40U ORDINANCES Ord. No. 65 

which, at the respective times of payment, is legal tender 
for the payment of public and private debts, as follows: 

(a) interest only shall be payable monthly commencing 

on the first day of , 198. . . . , and on the 

first da>' of each and every month thereafter, to and includ- 
ing the first day of , 198 . . . . , by check mailed 

by H&S Bakery, Inc., a Maryland corporation (the ''Bor- 
rower"), to the owner hereof at the address indicated on 
the registration books of the Bond Registrar (hereinafter 
defined), without the necessity of surrendering or pre- 
senting this bond, and all such payments shall fully dis- 
charge the obligation of the Issuer herein to the extent of 
the payments so made ; and 

(b) commencing on , 198. . . . and on 

the first day of each and every month thereafter until 

paid in full, the principal hereof shall be payable in 

consecutive monthly installments in the amount of $ 

each, by check mailed by the Borrower to the 

owner hereof at the address indicated on the registration 
books of the Bond Registrar, without the necessity of sur- 
rendering or presenting this bond, and all such pa\Tnents 
shall fully discharge the obligation of the Issuer herein to 
the extent of the payments so made ; and 

(c) accrued interest on the outstanding principal balance 

shall be due and payable monthly commencing on 

, 198. . . . and on the first day of each and every 

month thereafter, and shall be paid at the same time and 
in the same manner as the payments of principal described 
in subparagraph (b) above; and 

(d) the entire unpaid principal amount hereof and all 
accrued and unpaid interest hereon shall be due and pay- 
able on , if not paid earlier. 

In the event any payment hereon is not paid \\ithin 15 
days from the date on which the same is due and payable, 
the pa\Tnent so in default shall continue as an obligation of 
the Issuer (limited as herein provided) \Wth interest there- 
on at the rate of 2% per annum in excess of the then ap- 
plicable rate of interest hereon until paid in full. In ad- 
dition, the Issuer shall pay (limited as herein provided) 
a late charge equal to 5^ of any payment of interest or 



ORDINANCES 401 

principal as set forth above which is made more than 15 
days after the date on which the same is due and payable. 

All payments hereon, including prepayments, shall be ap- 
plied first to accrued and unpaid interest and the balance 
to principal. 

This bond is issued under and pursuant to the Constitu- 
tion and laws of the State of Maryland, particularly Sections 
266A to 266-1, inclusive, of Article 41 of the Annotated 
Code of Maryland (1978 Replacement Volume and 1979 
Cumulative Supplement), as amended (the "Act'*), and 

under and pursuant to Ordinance No , approved by 

the Mayor of the Issuer on (the 

"Ordinance"), and by a resolution adopted by the Board 

of Finance of the Issuer on (the 

"Resolution"), for the puipose of financing the acquisition 
of a certain industrial building (the "Industrial Building") 
by the Borrower, to be located in the City of Baltimore. 
Maryland. 

The proceeds of this bond are being loaned to the Bor- 
rower by the Issuer under a Loan Agreement dated as of 

, 198 . . , between the Borrower and 

the Issuer (the "Loan Agreement") . 

This bond is issued under an Assignment and Security 

Agreement dated as of , 198 . . , by and 

among the Issuer, The Equitable Trust Company, a Mary- 
land banking corporation (the "Bank") and 

, as Project Fund Trustee, (the "Assignment") 

and, to the extent provided therein, is secured and entitled 
to the protection given by the Assignment. Pursuant to the 
Assignment the Issuer has assigned to the Bank, its suc- 
cessors and assigns, (among other things) the "Receipts 
and Revenues of the Issuer from the Loan", which term is 
used herein as defined in the Assignment and which as 
therein defined includes all the payments payable to the 
Issuer pursuant to the Loan Agreement and all other rev- 
enues of the Issuer attributable to the financing of the 
Industrial Building (excepting only the rights of the Is- 
suer to indemnification by the Borrower and to payments 
to the Issuer for expenses incurred by the Issuer itself) . 

Pursuant to the Loan Agreement, payments sufficient for 
the prompt payment when due of the principal of, premium, 



402 ORDINANCES Ord. No. 65 

if any, and interest on this bond are to be paid by the Bor- 
rower dii'ectly to the owner hereof, and have been assigned 
for that pu Impose. 

As more fully provided in the Assignment, this bond 
does not constitute an indebtedness or obligation to which 
the faith and credit of the Issuer is pledged, but is a limited 
obligation of the Issuer, which is obligated to pay the prin- 
cipal of, the interest on, and the redemption premium (if 
any) on, this bond onh' out of the Receipts and Revenues 
of the Issuer from the Loan. This bond may also be paid 
out of any other moneys made available to the Issuer for 
the pajTnent thereof. By the terms of the Act. the prin- 
cipal of, the interest on, or the redemption premium (if 
any) on, this bond, do not, and shall not ever, constitute 
an indebtedness or charge against the general credit or tax- 
ing powers of the Issuer within the meaning of any con- 
stitutional or charter provision or statutory' limitation and 
shall not constitute or give rise to any pecuniary liability 
of the Issuer. 

Reference is hereby made to the Assignment for a full 
and complete statement of the provisions ^vith respect to 
the custody and application of the proceeds of this bond, the 
collection and disposition of the Receipts and Revenues of 
the Issuer from the Loan assigned as security for the 
pa>Tnent of this bond and the interest thereon, the nature 
and extent of the security and the rights of the registered 
owner of this bond, the tei-ms and conditions on which, and 
the pui-poses for which, this bond is issued and the rights, 
duties and obligations of the Issuer thereunder, to all of 
which the owmer hereof, by acceptance of this bond, assents. 

In the manner and with the effect provided in the As- 
signment, this bond may be redeemed, at the option of the 

Issuer, prior to maturity, on or after , 

198 .... , on any interest payment date, either as a whole 
at any time or in part from time to time, plus unpaid 
interest accrued to the date fixed for redemption. This 
bond may be redeemed by application of moneys available 
for that pui*pose; provided, that any partial redemption 
shall be applied to the principal to be redeemed in the 
inverse order of the installment payment dates. 



I 



ORDINANCES 403 

Any such redemption, either in whole or in part, shall be 
made upon at least 30 days' prior notice in the manner 
and upon the terms and conditions provided in the Assign- 
ment. If this bond or any portion hereof shall have been 
duly called for redemption, and payment of the principal 
amount to be redeemed, together with unpaid interest 
accrued to the date fixed for redemption, shall have been 
made or provided for, all as more fully set forth in the 
Assignment, interest on this bond or such portion hereof 
shall cease to accrue from the date fixed for redemption, 
and from and after such date this bond or the portion 
hereof duly called for redemption shall no longer be en- 
titled to any benefit or security under the Assignment, and, 
except as provided in Section of the Loan Agree- 
ment, the registered o^\^ler hereof shall have no rights in 
respect of this bond or such portion hereof so called for 
redemption except to receive pajTnent of the principal 
amount to be redeemed and unpaid interest accrued to the 
date fixed for redemption. 

The amount of any partial prepayment, and the date on 
which the same is made, shall be noted by the registered 
o\\Tier on Schedule A attached hereto and made a part 
hereof. 

In certain events, on the conditions, in the manner and 
with the effect set forth in the Assignment, the principal 
of this bond may become or may be declared due and pay- 
able before the stated maturity hereof, together with the 
interest accrued thereon. 

The o^^^ler of this bond shall have no right to enforce 
the provisions of the Assignment, or to institute action to 
enforce the covenants therein, or to take any action with 
respect to any default under the Assignment, or to insti- 
tute, appear in or defend any suit or other proceeding with 
respect thereto, except as provided in the Assignment. 

This bond shall be registered on the books of the Issuer 
to be kept for that purpose at the office of the Director of 
Finance of the Issuer or any other person maintaining 
books for the registration and transfer of the bond pur- 
suant to the provisions of the Assignment (the "Bond 
Registrar") . This bond shall be transferable only upon such 



404 ORDINANCES Ord. No. 65 

books at such office by the registered owner or by its duly 
authorized officer or attorney. This bond may be trans- 
ferred upon surrender hereof at the principal office of the 
Bond Registrar with a written instrument of transfer 
satisfactory to the Bond Registrar, duly executed by the 
registered owner hereof or his duly authorized attorney. 
Such transfers shall be without charge to the registered 
owner hereof, but any taxes or other governmental charges 
required to be paid with respect to the same shall be paid 
by the registered owner requesting such transfer as a con- 
dition precedent to the exercise of such privilege. 

The Issuer and the Borrower may deem and treat the 
person in whose name this bond is registered as the abso- 
lute owner hereof for all purposes; and neither the Issuer 
nor the Borrower shall be affected by any notice to the 
contrary. 

All acts, conditions and things required by the Constitu- 
tion and statutes of the State of Maryland, the Ordinance, 
the Resolution and the Assignment to exist, to have hap- 
pened and to have been performed precedent to and in the 
issuance of this bond, do exist, have happened and have 
been performed. 

No covenant or agreement contained in this bond or the 
Assignment shall be deemed to be a covenant or agreement 
of any officer, agent or employee of the Issuer in his in- 
dividual capacity, and neither the members of the City 
Council of Baltimore nor any official executing this bond 
shall be liable personally on this bond or be subject to any 
personal liability or accountability by reason of the issuance 
of this bond. 

IN WITNESS WHEREOF, the Issuer has caused this 
bond to be executed in its name and on its behalf by the 
Mayor of the Issuer by his manual or facsimile signature, 
and by the Director of Finance of the Issuer, by his manual 
or facsimile signature, and has caused its corporate seal 
or a facsimile thereof to be impressed or othen\'ise repro- 
duced hereon, and attested by the Custodian of the City 
Seal of the Issuer, by his manual signature, all as of the 
dav of /. 19 



ORDINANCES 405 

MAYOR AND CITY COUNCIL 
OF BALTIMORE 



[SEAL] By 

ATTEST 



Mayor 



By 

Custodian of the City Seal Director of Finance 



SCHEDULE A 



$ 



Baltimore City, Maryland 

Industrial Development Revenue Bond 

(H&S Bakery, Inc. Project) 

19. . . . Series 



Date Amount of Redemption 

$ 

Sec. 6. And be it further ordained. That the Bonds shall 
be executed in the name of the City and on its behalf by 
the Mayor of the City, by his manual or facsimile signature, 
and by the Director of Finance of the City, by his manual 
or facsimile sig-nature, and the coii^orate seal of the City 
or a facsimile thereof shall be impressed or otherwise re- 
produced thereon and attested by the Custodian of the City 
Seal, by his manual signature. The Loan Agreement, the 
Assignment and, where applicable, all other documents as 
the Board shall deem necessary to effectuate the issuance, 
sale and delivery of the Bonds, shall be executed in the 
name of the City and on its behalf by the Mayor of the 
City by his manual or facsimile signature, and the cor- 
porate seal of the City or a facsimile thereof shall be im- 
pressed or otherwise reproduced thereon and attested by 
the Custodian of the City Seal by his manual signature. In 
case any officer whose signature or a facsimile of whose sig- 
nature shall appear on the Bonds or any of the aforesaid 
documents shall cease to be such officer before the delivery 
of the Bonds or any of the other aforesaid documents, such 



406 ORDINANCES Ord. No. 65 

signature or such facsimile shall nevertheless be valid and 
sufficient for all purposes, the same as if such officer had 
remained in office until delivery. The Mayor of the City, 
the Director of Finance of the City, the Custodian of the 
City Seal and other officials of the City are hereby au- 
thorized and empowered to do all such acts and things and 
execute such documents and certificates as the Board may 
determine in the Resolution to be necessary to carry out 
and comply with the provisions hereof. 

Sec. 7. And be it further ordained, That the Bonds shall 
be executed, issued and delivered at any time or from time 
to time and in such amount or amounts not exceeding, 
in the aggregate, the principal amount of $2,000,000, as the 
Board shall prescribe in the Resolution. 

Sec. 8. And be it further ordained, That the Bonds may 
be dated, may be in such denominations, may be of such 
tenor (not inconsistent with the applicable form of the 
Bonds set forth in Section 5 of this Ordinance) , and may be 
payable in such amounts at such times not exceeding 30 
years from the date thereof and at such place or places as 
the Board shall prescribe in the Resolution. 

Sec. 9. And be it further ordained, That the Bonds will 
be subject to redemption prior to maturity upon substan- 
tially the terms and conditions contained in the form of the 
Bonds set forih in Section 5 of this Ordinance and upon 
such other ternis and conditions as the Board shall pre- 
scribe in the Resolution. 

Sec. 10. And be it further ordained, That prior to the 
issuance, sale and delivery of any of the Bonds, the Board 
shall adopt the Resolution pursuant to which the Board 
may: 

(a) prescribe the final form, tenor, terms and conditions 
of and security for the Bonds ; 

(b) prescribe the actual amounts, rate or rates of in- 
terest (Avithin the limits herein prescribed), denominations, 
date, actual maturity or maturities (within the limits 
herein prescribed), and the place or places of pa>Tnent of 



I 



ORDINANCES 407 

the Bonds, and the final tenns and conditions and details 
under which the Bonds may be called for redemption prior 
to their stated maturity ; 

(c) approve the form and contents, and authorize the 
execution and deliveiy (where applicable) of (i) the Loan 
Agreement, (ii) the Assignment and (iii) such other docu- 
ments, including (without limitation) mortgages, deeds of 
trust, guaranties and security instruments as the Board 
shall deem necessary to effectuate the issuance, sale and 
delivery of the Bonds ; 

(d) detennine the time or times of execution, issuance, 
sale and delivery of the Bonds and prescribe any and all 
other details of the Bonds; 

(e) provide for the direct payment by the Borrower of 
all costs, fees and expenses incurred by or on behalf of the 
Cit>^ in connection with the issuance, sale and delivery of 
the Bonds, including (without limitation) costs of printing 
(if any) and issuing the Bonds, legal expenses (including 
the fees of Bond Counsel) and compensation to any person 
(other than full time employees of the City) performing 
services by or on behalf of the City in connection therewith ; 
and 

(f ) do any and all things, and authorize the ofl^cials of 
the City to do any and all things, necessary, proper or 
expedient in connection with the issuance, sale and delivery 
of the Bonds. 

Sec. 11. And he it further ordained, That the Loan Agree- 
ment shall contain such terms, provisions and conditions 
as the Board shall prescribe in the Resolution. 

Sec. 12. And he it further ordained, That the Assignment 
shall contain such terms, provisions and conditions as the 
Board shall prescribe in the Resolution for the protection 
and enforcement of the rights and remedies of the holders 
of the Bonds. 

Sec. 13. And he it further ordained, That, as authorized 
by the Act, the Bonds shall be sold by private (negotiated) 
sale upon such terms and conditions as shall be approved 
by the Board in the Resolution. 



408 ORDINANCES Oni. No. 65 

Sec. 14. And be it further ordained, That neither the 
Bonds nor the interest thereon shall ever constitute an in- 
debtedness or general obligation of the City or a charge 
against the general credit or taxing powers of the City 
within the meaning of any constitutional or charter pro- 
vision or statutory limitation, and neither shall ever con- 
stitute or give rise to any pecuniary liability on the part 
of the City. The Bonds, and the interest thereon, shall be 
limited obligations of the City, the principal of and interest 
on which Bonds shall be payable by the City solely from 
the revenue denved from Loan repayments (both principal 
and interest) made to the City by the Borrower on account 
of the Loan and, to the extent provided by the Board in the 
Resolution, from the proceeds of the Bonds, and from any 
other moneys made available to the City for such purpose. 
The proceeds of the Bonds will be deposited with the 
Project Fund Trustee to be held and disbursed by the 
Project Fund Trustee as provided in the Assignment to be 
approved by the Board in the Resolution. PajTnents of the 
principal of and premium (if any) and interest on the 
Loan will be paid by the Borrower directly to the holders 
of the Bonds as provided in the Assignment to be approved 
by the Board in the Resolution. No such moneys will be 
commingled with the City's funds or will be subject to the 
absolute control of the City, but will be subject only to 
such limited supervision and checks as are deemed neces- 
sary or desirable by the City to insure that the proceeds 
of the Bonds are used to accomplish the public pui^DOses 
of the Act and this Ordinance. 



Sec. 15. And he it further ordained, That in considera- 
tion of the purchase and acceptance of the Bonds by those 
who shall hold the Bonds from time to time, the City does 
hereby, and by the execution and delivery of the Assign- 
ment to be approved by the Board, shall pledge the income 
and revenue under the I^an Agreement (other than pay- 
ments to the City for indemnification or to reimburse the 
City for expenses incurred by the City itself) to the Original 
Purchaser, its successors and assigns, to be used and applied 
for the pa>Tnent of the principal of and premium (if any) 
and interest on the Bonds. Pursuant to the teiTns of the 
Loan Agreement, to be approved by the Board in the Resolu- 



I 



ORDINANCES 409 

tion, payments sufficient for the prompt payment when due 
of the principal of, premium, if any, and interest on the 
Bonds are to be paid by the Borrower directly to the 
holders of the Bonds, as provided in the Assignment to be 
approved by the Board in the Resolution, for the account 
of the City, and such payments shall be assigned by the 
City to the Original Purchaser, its successors and assigns, 
as provided in the Assignment. 

Sec. 16. And be it further ordained. That the Borrower 
shall agree that : 

(a) It will submit any plans and specifications for the 
acquisition of the Industrial Building to the Department of 
Housing and Community Development for approval, with 
the understanding that, in addition to the economic feasi- 
bility of the acquisition of the Industrial Building, the 
Department of Housing and Community Development may 
consider, without limitation, the suitability of the site plan, 
architectural treatment, building plans, elevations, ma- 
terials, color construction details, access, parking, loading, 
landscaping, identification signs, exterior lighting, refuse 
collection details, streets, sidewalks, and harmony bet^veen 
the plans and the surroundings of the proposed Industrial 
Building and that the Department of Housing and Com- 
munity Development may refuse approval of any such 
plans and specifications for aesthetic or functional reasons ; 
and 

(b) It and its developers will work with the design ad- 
visory group appointed by the Department of Housing and 
Community Development in order to achieve high quality 
site, building, and landscape design. 

Sec. 17. And be it further ordained. That the provisions 
of this Ordinance are severable, and if any provision, sen- 
tence, clause, section or part hereof is held illegal, invalid 
or unconstitutional or inapplicable to any person or circum- 
stances, such illegality, invalidity or unconstitutionality, 
or inapplicability shall not affect or impair any of the re- 
maining provisions, sentences, clauses, sections, or parts of 
this Ordinance or their application to other persons or 
circumstances. It is hereby declared to be the legislative 
intent that this Ordinance would have been passed if such 



410 ORDINANCES Ord. No. 66 

illegal, invalid or unconstitutional provision, sentence, 
clause, section or part had not been included herein, and if 
the person or circumstances to which this Ordinance or 
any pai-t hereof are inapplicable had been specifically ex- 
empted herefrom. 

Sec. 18. And be it f^irther ordained, That if the Bonds 
are not issued and sold within six months from the date 
on which this Ordinance is approved by the Mayor of the 
City, the authorization provided in this Ordinance for the 
City to issue and sell the Bonds shall expire; provided 
however, that the Board of Finance of the City, may after 
a showing of good cause at a public hearing held before the 
Board of Finance, extend such authorization for one ad- 
ditional term not to exceed six months. The Board of Fi- 
nance, in its sole discretion shall determine the sufficiency, 
or lack thereof, of the reasons presented for any requested 
extension of this Ordinance. If an extension is granted, 
notice of such extension and the reasons therefor must be 
sent to the City Council. 

Sec. 19. And be it further ordained. That this Ordinance 
shall take effect from the date of its passage. 

Approved June 2, 1980. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 66 
(Council No. 153) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPIMENT REVENUE BONDS— 
MASERATI AUTOMOBILES INCORPORATED 

FOR the purpose of supplementing Ordinance No. 1123 of 
Mayor and City Council of Baltimore, approved June 27, 
1979, by (a) changing the maximum tax-exempt interest 
rate on the industrial development revenue bonds author- 
ized by Ordinance No. 1123 from 99r per annum to a 



ORDINANCES 411 

rate of interest which is at all times equal to 65% of the 
commercial prime rate of interest (floating) in effect at 
Maryland National Bank from time to time, (b) changing 
the maximum taxable interest rate on the industrial de- 
velopment revenue bonds authorized by Ordinance No. 
1123 from 15% per annum to the greater of 16% per 
annum or the rate of interest per annum which is at all 
times equal to the commercial prime rate of interest 
(floating) in effect at Maryland National Bank from time 
to time, and (c) changing the terms for payment of 
principal of and interest on such industrial development 
revenue bonds from semi-annual payments to monthly 
pa>Tnents, with additional annual payments of princi- 
pal under certain circumstances, (d) authorizing such 
changes in the form of the industrial development reve- 
nue bond set forth in Ordinance No. 1123 as may be 
necessary or appropriate in order to provide for such 
changes in the terms for payment of principal of and 
interest on such industrial development revenue bonds, 
and (e) generally providing for and determining various 
matters and details in connection with such industrial de- 
velopment revenue bonds. 

Whereas, Ordinance No. 1123, approved June 27, 1979 
("Ordinance No. 1123"), authorized and empowered Mayor 
and City Council of Baltimore (the "City") to issue, sell 
and deliver its industrial development revenue bonds, desig- 
nated "Baltimore City, Maryland Industrial Development 
Revenue Bonds (Maserati Automobiles Incorporated Proj- 
ect)," in the aggregate principal amount not to exceed 
$1,500,000 (the "Bonds"), pursuant to the provisions of 
Sections 266A to 266-1, inclusive, of Article 41 of the 
Annotated Code of Maryland (1978 Replacement Volume 
and 1978 Supplement), as amended (the "Act"), in order 
to loan the proceeds thereof (the "Loan") to Maserati 
Automobiles Incorporated, a Delaware corporation (the 
"Boi-rower"), for the purpose of financing the acquisition 
by the Borrower of a certain industrial building to be 
located in Baltimore City, Maryland (the "Industrial 
Building"), and provided, among other things, that the 
Bonds and the interest thereon shall be limited obligations 
of the City, repayable by the City solely from the revenue 
derived from loan repayments (both principal and interest) 



412 ORDINANCES Ord. No. 66 

made to the City on account of the Loan and from any 
other moneys made available to the City for such purpose, 
and that neither the Bonds nor the interest thereon shall 
ever constitute an indebtedness or a charge against the 
general credit or taxing powers of the City ^^^thin the 
meaning of any constitutional or charter provision or statu- 
tory limitation and that neither shall ever constitute or give 
rise to any pecuniary liability of the City; and 

Whereas, due to adverse changes in the industrial de- 
velopment revenue bond market, it is necessar\' to change 
the ma>nmum tax-exempt interest rate on the Bonds au- 
thorized by Ordinance No. 1123, as supplemented by this 
Ordinance, from 9^c per annum to a rate of interest per 
annum which is at all times equal to 65 ^r of the commer- 
cial prime rate of interest (floating) in effect at Maryland 
National Bank (the "Bank") from time to time, and to 
change the maximum taxable rate of interest on the Bonds 
authorized by Ordinance No. 1123, as supplemented by this 
Ordinance, from 15^r per annum to the greater of 16*^^ 
per annum or the rate of interest per annum which is at 
all times equal to the commercial prime rate of interest 
(floating) in effect at the Bank from time to time, and to 
provide for monthly, rather than semi-annual, payments 
of principal of and interest on the Bonds; and 

Whereas, the imposition of a floating rate of interest on 
the Bonds may necessitate certain additional pa\Tnents of 
principal of the Bonds ; and 

Whereas, no Bonds have yet been issued, sold or de- 
livered pursuant to Ordinance No. 1123; and 

Whereas, the City has determined, based upon the 
findings and deteiTninations hereinafter set forth, that it 
is in the best interests of the citizens of Baltimore City, 
^Maryland, for the City to authorize a change in the tax- 
exempt and taxable interest r-ites on the Bonds, and to 
adjust the terms for payments of principal of and interest 
on the Bonds. 

NOW. THEREFORE. PURSUANT TO AND IN AC- 
CORDANCE WITH THE PROVISIONS OF THE ACT: 



ORDINANCES 413 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That it is hereby found and determined as 
follows : 

(1) The acquisition of the Industrial Building by the 
Borrower and the financing thereof as provided in this 
Ordinance and in Ordinance No. 1123 will promote the 
declared legislative purposes of the Act by (a) sustaining 
jobs and employment, thus relieving conditions of unem- 
plojTnent in the State of Maryland and in Baltimore City; 
(b) encouraging the increase of industry and the creation 
of a balanced economy in the State of Maryland and in 
Baltimore City; (c) assisting in the retention of existing 
industrj^ in the State of Maryland and in Baltimore City; 
(d) promoting economic development; and (e) promoting 
the health, welfare and safety of the residents of the State 
of Maryland and Baltimore City. 

(2) Neither the Bonds nor the interest thereon shall 
ever constitute an indebtedness or general obligation of the 
City or a charge against or pledge of the general credit or 
taxing powers of the City, within the meaning of any con- 
stitutional or charter provision or statutory limitation, and 
neither shall ever constitute or give rise to any pecuniary 
liability of the City. The Bonds and the interest thereon 
shall be limited obligations of the City, repayable by the 
City solely from the revenue derived from Loan repay- 
ments (both principal and interest) made to the City by the 
Borrower on account of the Loan and from any other 
moneys made available to the City for such purpose. 

(3) All of the findings and determinations set forth in 
Section 1 of Ordinance No. 1123 are hereby ratified and 
confirmed, except to the extent that any of such findings 
or deteiTninations may be modified by the foregoing findings 
and determinations of this Section. 

Sec. 2. A72d be it further ordained. That each of the 
Bonds authorized by Ordinance No. 1123, as supplemented 
by this Ordinance, shall bear interest from the date of 
delivery at a rate of interest per annum not exceeding the 
rate of interest which is at all times equal to sixty-five 
percent (65^r) of the commercial prime rate of interest 
(floating) in effect at the Bank from time to time; pro- 



414 ORDINANCES Ord. No. 66 

vided, however, that during any period for which the in- 
terest payable on the Bonds is for any reason includible 
in the gross income (as defined in Section 61 of the In- 
ternal Revenue Code of 1954, as amended) of any holder 
of any of the Bonds, as provided in Ordinance No. 1123, 
such Bonds shall bear interest at a rate of interest not ex- 
ceeding the greater of sixteen percent (16%) per annum 
or the rate of interest per annum which is at all times 
equal to the commercial prime rate of interest (floating) 
in effect at the Bank from time to time; and further pro- 
vided that the exact rate or rates of interest shall be de- 
termined by negotiation by the original purchaser or pur- 
chasers of the Bonds and shall be prescribed (within the 
limits herein prescribed) by the Board of Finance of the 
City (the "Board") by a resolution to be adopted by the 
Board prior to the issuance, sale and delivery of the Bonds 
(the ''Resolution") . Interest on the Bonds shall be calculated 
on the basis of a 360-day year factor applied to actual days 
elapsed. 

Sec. 3. And be it further ordained. That interest only 
on the Bonds shall be payable monthly on such dates as 
shall be prescribed by the Board in the Resolution. 

Sec. 4. And be it further ordained, That, except as other- 
wise herein provided and commencing on such date as the 
Board shall prescribe in the Resolution, the principal of and 
interest on the Bonds shall be payable in monthly install- 
ments on such dates as shall be prescribed by the Board 
in the Resolution, such installments to be in a fixed com- 
bined amount to be prescribed by the Board in the Resolu- 
tion. 

Sec. 5. And be it ftirther ordained. That if, due to the 
fluctuating interest rates provided for in this Ordinance, 
the principal payments resulting from the fixed combined 
installments prescribed by Section 4 hereof do not equal, 
for any 12-month period beginning with the date fixed 
pursuant to Section 4 hereof and ending 12 months after 
that date, such percentage of the principal amount of the 
Bonds as the Board shall prescribe in the Resolution, then 
an additional amount shall be payable as principal so that 



ORDINANCES 415 

the total amount of the principal of the Bonds paid during 
such 12-month period shall be not less than the percentage 
of the principal amount of the Bonds so fixed by the Board. 

Sec. 6. And be it further ordained, That the Board is 
hereby specifically authorized to approve, in the Resolution, 
such variations, omissions and insertions in the form of 
the Bond set forth in Section 5 of Ordinance No. 1123 as 
shall be necessary or appropriate in order to provide for 
the pajonents of interest, of principal and interest, and of 
principal contemplated by this Ordinance. 

Sec. 7. And be it further ordained, That except as pro- 
vided in the foregoing provisions of this Ordinance, all of 
the terms and provisions of Ordinance No. 1123 are hereby 
ratified and confirmed and shall remain in full force and 
effect. 

Sec. 8. And be it further ordained, That the provisions 
of this Ordinance are severable, and if any provision, sen- 
tence, clause, section or part hereof is held illegal, invalid 
or unconstitutional or inapplicable to any person or cir- 
cumstance, such illegality, invalidity or unconstitutionality, 
or inapplicability shall not aflfect or impair any of the re- 
maining provisions, sentences, clauses, sections, or paints 
of this Ordinance or their application to other persons or 
circumstances. It is hereby declared to be the legislative 
intent that this Ordinance would have been passed if such 
illegal, invalid or unconstitutional provision, sentence, 
clause, section or part had not been included herein, and 
if the person or circumstance to which this Ordinance 
or any paii: hereof is inapplicable had been specifically 
exempted herefrom. 

Sec. 9. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved June 2, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



416 ORDINANCES Ord. No. 68 

No. 67 
(Council No. 165) 

AN ORDINANCE concerning 

PARKINCx— RESERVED 

FOR the purpose of providing for reserved parking in the 
Cit>' Hospital lot for doctoi^s and employees \^ith permits. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That parking is resei^^ed for doctors and 
employees displaying a parking permit issued by City Hos- 
pitals on that Cit>^ Hospitals lot bounded on the south by 
the municipal paid parking lot and extending approximately 
400 feet northerly therefrom and from the roadway on the 
east side of the hospital complex to a point approximately 
400 feet easterly therefix)m. 

Sec. 2. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 4, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 68 
(Council No. 5) 

AN ORDINANCE concerning 

REZONING— 1920 Belair Road 

FOR the pui^pose of changing the zoning for the property 
kno\\Ti as 1920 Belair Road from the M-2-2 Zoning Dis- 
trict to the B-3-2 Zoning District as outlined in red on the 
plats accompanying this ordinance. 

BY amending Zoning District Maps 

Sheet No. 37 

Article 30 — Zoning 

Baltimore City Code (1976 Edition as amended) 



ORDINANCES 417 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheet No. 37 of the Zoning District Maps 
of Article 30 of the Baltimore City Code (1976 Edition as 
amended) title "Zoning" be and it is hereby amended by 
changing from the M-2-2 Zoning District to the B-3-2 Zoning 
District the property known as 1920 Belair Road, as ou1> 
lined in red on the plats accompanying this ordinance. 

Sec. 2. And he it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the or- 
dinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of the 
plats to the following: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of 
the Department of Housing and Community Development 
and the Zoning Administrator. 

Sec. 3. And he it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved June 6, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 69 
(Council No. 6) 

AN ORDINANCE concerning 

ZONING— APPROVAL FOR CONDITIONAL USE 
DRIVE-IN RESTAURANT 

FOR the purpose of granting permission for the establish- 
ment, maintenance and operation of a drive-in restaurant 
on the property known as 1920 Belair Road, as outlined 
in red on the plats accompanying this ordinance. 



418 ORDINANCES Ord No. 70 

BY authority of 
Article 30 — Zoning 
Sections 6.3-ld and 11.0-6d 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That permission is hereby granted for the 
establishment, maintenance and operation of a drive-in 
restaurant on the property known as 1920 Belair Road, as 
outlined in red on the plats accompanying this ordinance, 
under the provisions of Sections 6.3-ld and 11.0-6d of Arti- 
cle 30 of the Baltimore City Code (1976 Edition, as 
amended) title "Zoning". 

Sec. 2. And he it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the or- 
dinance, he shall sign the plat. The Director of Finance 
shall then transmit a copy of the ordinance and one of the 
plats to the following: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of 
the Department of Housing and Community Development 
and the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved June 6, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 70 
(Council No. 33) 

AN ORDINANCE concerning 

WATER AND SEWER SERVICE CHARGES 

FOR the purpose of increasing the penalty on delinquent 
water and sewer sei'vice charges. 



I 



I 



ORDINANCES 419 

BY amending 

Article 29— Water 

Subtitle— Water Rates 

Section 26 (d) 

Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 26 (d) of Article 29 of the 
Baltimore City Code (1976 Edition, as amended), title 
"Water", subtitle ''Water Rates", be and it is hereby re- 
pealed and reordained with amendments to read as follows: 

26. Water Rates 

(d) A penalty at the rate of five per centum (5%) of 
the water charge and fire supply service inspection charge 
shall be added to every metered water charge and fire supply 
service inspection charge at the time they become delin- 
quent. A71 additional penalty of five per centum (5%) 
shall be imposed on all charges, including cu^crued penalties, 
which remain unpaid and are forwarded as arrearages on 
subsequent bills. 

Sec. 2. And be it further ordained. That this ordinance 
shall take effect July 1, 1980. 

Approved June 9, 1980. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 71 
(Council No. 101) 

AN ORDINANCE concerning 

CITY PROPERTY— ACQUISITION 

FOR the purpose of authorizing the Mayor and City Coun- 
cil of Baltimore to acquire by purchase or condemna- 
tion, for the purpose of public parking, namely the re- 
placement of parking places eliminated by the expansion 
of athletic facilities at Southern High School and the 



420 ORDINANCES Ord. No. 71 

construction of new parking places for events at the 
Inner Harbor. 

BY authority of 

Article V — Comptroller — Section 5(a) 
Article II — General Provisions — Section 2 
Baltimore City Charter (1964 Revision as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That it is necessary to acquire by purchase 
or condemnation for public parking purposes, namely the 
replacement of parking places eliminated by the expansion 
of athletic facilities at Southern High School and the con- 
struction of new parking places for events at the Inner 
Harbor, the fee simple interests or such other interests as 
th« Diroctor of th« Dopartmont of Public Works may doom 
BE necessary, in and to the pieces or parcels of land, situate 
in Baltimore City, including the improvements thereon, 
bounded as follows: 

BEGINNING for the same at a point on the southwest 
side of Key Highway, as now laid out 106 feet wide, said 
point of beginning being the beginning of the parcel of 
land conveyed by Lena Sarubin to Fourth District Cor- 
poration by deed dated February 1, 1973 and recorded 
among the Land Records of Baltimore City in Liber R.H.B. 
No. 2989 Folio 59 and running thence binding in part on 
the first line of said deed, in part on the fifth line of the 
parcel of land conveyed by Toney Schloss Properties Cor- 
poration to the Dundalk Holding Company by deed dated 
Januaiy 27, 1941 and recorded among said Land Records 
in Liber M.L.P. No. 6124 Folio 93 and in all on the south- 
west and west sides of said Key Highway, Northwesterly 
and Northerly 245 feet, more or less ; thence binding on 
the last line of last said deed, Westerly 99 feet, more or 
less, to the east side of Covington Street, as now laid out 
66 feet wide; thence binding in part on the fii*st line of 
last said deed, in part on the fifth line of the deed men- 
tioned firstly herein and in all, on the east side of said 
Covington Street, Southerly 241 feet, more or less, and 
thence binding on the last line of the deed mentioned firstly 
herein, Easterly 100 feet, more or less, to the place of 
beginning. 



ORDINANCES 421 

TOGETHER with all right, title, interest and estate that 
the owner or owners of said property interests may have 
in all streets, alleys, ways or lanes, public or private, both 
abutting the whole area described and/or contained within 
the perimeter of said area. 

Sec. 2. Be it further ordained, That the Department of 
Real Estate of Baltimore City, or such other person or 
agency as the Board of Estimates may hereafter from time 
to time designate, is hereby authorized to negotiate and 
acquire on behalf of the Mayor and City Council of Balti- 
more, and for the purposes described in this ordinance, 
all property interests in and to said lots of ground and 
premises. If the said Department of Real Estate or the 
person or agency otherwise provided for by the Board of 
Estimates, under the authority of Section 5(a), Article V 
of the Baltimore City Charter (1964), is or are unable to 
agree with the owner or owners on the purchase price for 
their interest in said lots of ground and premises, it or 
they shall forthwith notify the City Solicitor of Baltimore 
City, who shall thereupon institute the name of the Mayor 
and City Council of Baltimore the necessary legal proceed- 
ings to acquire by condemnation such property interests 
in and to said lots of ground and premises herein described. 

Sec. 3. And he it further ordained, That the proceedings 
for the acquisition by condemnation of the property and 
rights herein described and the rights of all parties in- 
terests or affected thereby shall be regulated by and be in 
accordance with the provisions of Title XII of the Real 
Property Article of the Code of Public General Laws of the 
State of Maryland, and any and all amendments thereto. 

Sec. 4. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 9, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



422 ORDINANCES Ord. No. 72 

No. 72 
(Council No. 121) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION- 
DEPARTMENT OF LEGISLATIVE REFERENCE 

FOR the purpose of providing a supplementary special 
fund appropriation in the amount of Two Thousand Nine 
Hundred Eighty-seven Dollars ($2,987) to the Depart- 
ment of Legislative Reference to be used for arranging 
and describing the Mayoral and City Council Records, 
1797-1978. 

BY authority of 

Article VI — Board of Estimaites 

Section 2(h) (2) 

Baltimore City Charter (1964 Revision as amended) 

Whereas, the money appropriated herein i-epresents a 
grant from a public source which could not be expected 
with reasonable certainty at the time of formulation of the 
fiscal 1980 Oi-dinance of Estimates; and 

Whereas, the supplementar>' special fund appropriation 
ordained herein has been recommended to the Cit>' Council 
by the Board of Estimates, the recommendation having 
been made at a regular meeting of said Board held on the 
27th day of Februan\ 1980, all in accordance with Ar- 
ticle VI, Section 2(h)(2) of the Baltimore City Charter 
(1964 Revision as amended). 

Section 1. Be it ordained by the Mayor and City Cmincil 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 re\nsion of the Charter of 
Baltimore City as amended, the sum of Two Thousand Nine 
Hundred Eighty-seven Dollars ($2,987) shall be made 
available to the Department of Legislative Reference as a 
supplementary si>ecial fund appropriation for the fiscal 
year ending June 30, 1980 for the purpose of arranging 
and describing the Mayoral and City Council Records, 1797- 
1978. The amount thus made available as a supplementary 
special fund appropriation shall be expended from a grant 



ORDINANCES 423 

of funds to the Mayor and City Council of Baltimore by the 
National Historical Publications and Records Commission, 
said sum being specifically allotted to the Mayor and City 
Council of Baltimore for the aforesaid purpose; and said 
funds from said National Historical Publications and 
Records Commission shall be the source of revenue for this 
supplementary si^ecial fund appropriation, as required by 
Article VI, Section 2(h) of the Baltimore City Charter 
(1964 Revision as amended). 

Sec. 2. And be it further ordained, That this ordinance 
shall take elf ect from the date of its passage. 

Approved June 9, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 73 
(Council No. 122) 

AN ORDINANCE concerning 

CITY PROPERTY— CONVEYANCE 

FOR the purpose of granting the State of Maryland fee 
simple title to the Medical Examiner's Building and prop- 
erty located at the northeast corner of Penn Street and 
West Lombard Street. There shall be no charge for this 
conveyance. 

BY authority of 

Article V — Comptroller and Board of Estimates 

Section 5(b) 

Baltimore City Charter (1964 Revision, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be 
and he is hereby authorized to convey to the State of Mary- 
land, at no charge, the fee simple title to all lot of ground 
situate in Baltimore City, State of Maryland, and described 
as follows: 



424 ORDINANCES Ord. No. 73 

ACCORDING to ii description prepared by the Bui*eau of 
Sui-veys, City of Baltimore, dated April 29, 1965, and more 
particularly described as follows: 

BEGINNING for the same at the point foiined by the 
intersection of the north side of Pratt Street, 66.0 feet 
wide, and the east side of Penn Street, 55.0 feet wide, 
said point of beginnino^ being the beginning of the second 
line of the parcel of land conveyed by Anheuser-Busch, 
Incorporated, a coi-poration heretofore on July 7, 1875, in- 
corporated under the Laws of the State of ^Missouri, to 
Anheuser-Busch, Incorporated, a new corporation, incor- 
porated in 1925, under the Laws of the State of Missouri, 
by deed dated June 30, 1925 and recorded among the Land 
Records of Baltimore City in Liber S.C.L. No. 4418, folio 
151, the Baltimore City coordinates of said beginning point 
being West 2856.57 feet. South 4120.12 feet and running 
thence binding on the east side of said Penn Street and the 
second line of said deed, there situate, as now sur\'eyed 
North 02 degrees 49 minutes 40 seconds West 178.94 feet to 
intersect the south side of the former bed of Lemmon Street 
condemned and closed in accordance with Ordinance No. 
505 approved April 26, 1965; thence binding on the south 
side of the former bed of said Lemmon Street and on the 
third line of said deed, there situate as now sun^eyed North 
87 degrees 10 minutes 20 seconds East 80.02 feet to a 
point on the sixth line of the first parcel of land conveyed 
by the Mayor and City Council of Baltimore to the Uni- 
versity of Maryland by deed dated June 9, 1964, and re- 
corded among the aforesaid Land Records in Liber J.F.C. 
No. 1703, folio 450; thence binding on part of said sixth 
line to the end thereof North 02 degrees 46 minutes 30 sec- 
onds West 20.00 feet; thence for a new line of division 
binding on the line of the seventh line of the first parcel of 
land of said deed if projected easterly North 87 degrees 10 
minutes 20 seconds East 14.96 feet to intei'sect another new 
line of di\asion drawn parallel with the distant 95.00 feet 
easterly measured at right angles from the east side of said 
Penn Street; thence binding on said line so drawn South 
02 degrees 49 minutes 40 seconds East 196.94 feet to inter- 
sect the aforesaid north side of Pratt Street and thence 
binding on said north side South 87 degrees 10 minutes 20 
seconds West 95.00 feet to the place of beginning. Con- 



ORDINANCES 425 

taining 17,298 square feet or 0.3971 acre of land, more or 
less. All courses and distances in the above description are 
referred to the true meridian as adopted by the Baltimore 
Survey Control System. 

TOGETHER with the improvements thereon and the 
rights and appurtenances thereto belonging or in any- 
wise appertaining. 

The use of this property is no longer needed by the Mayor 
and City Council of Baltimore. 

Sec. 2. And be it further ordained, That no deed or deeds 
pass in accordance herewith until the same shall have first 
approved by the City Solicitor. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 9, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 74 
(Council No. 189) 

AN ORDINANCE conceraing 

ISSUANCE OF INDUSTRIAL DEVELOPMENT 
REVENUE BONDS— ART LITHO COMPANY 

FOR the purpose of amending Ordinance No. 33, signed 
into law on March 28, 1980 which authorized the issu- 
ance of the Baltimore City, Maryland Industrial Devel- 
opment Revenue Bonds (Art Litho Company Project) 
(the ''Bonds"), in the aggregate principal amount not 
in excess of $1,000,000, in order to provide for different 
interest rates payable on the Bonds, and a different re- 
payment system for the Bonds, and making certain 
other changes in the form of such ordinance. 



426 ORDINANCES Ord. No. 74 

RECITALS 

Pursuant to Ordinance No. 33, approved on March 
28, 1980, the Mayor and City Council of Baltimore (the 
"City") authorized the issuance of its Baltimore City, 
Maryland Industrial Development Revenue Bonds (Art 
Litho Company Project) in the aggregate principal 
amount not to exceed $1,000,000 pursuant to Sections 
266A-266I, inclusive, of Article 41, of the Annotated 
Code of Maryland (1978 Replacement Volume and 1979 
Cumulative Supplement), as amended (the "Act"). Or- 
dinance No. 33 provided, among other things, for certain 
interest rates and certain repayment schedules for the 
Bonds. A prospective purchaser of the Bonds has indi- 
cated its willingness to purchase the Bonds, but at inter- 
est rates and terms different from those provided in 
Ordinance No. 33. The City desires to amend Ordinance 
No. 33 in order to facilitate the prompt sale of the 
Bonds. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ACT: 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 3 of Ordinance No. 33, signed 
into law on March 28, 1980 (the "Initial Ordinance"), be 
repealed and the following inserted in its stead: 

"Section 3. And he it further ordained, That each of the 
Bonds shall bear the descriptive title "Baltimore City, 
Mai-yland Industrial Development Revenue Bond (Art 
Litho Company Project)", and shall be issued in two series, 
which shall be equally and ratably secured, further desig- 
nated as "Series A" (the "Series"^ A Bonds") and "Series 
B" (the "Series B Bonds") respectively, provided, that the 
descriptive title for any of the Bonds may contain such 
other descriptive infonnation (e.g. "1980 Series") as the 
Board may prescribe in the Resolution. The proceeds of the 
Series A Bonds shall be loaned to the Borrower to be 
used to acquire the Press, and the proceeds of the Series 
B Bonds shall be loaned to the Borrower to be used to 
acquire the Addition; provided, however, that the aggre- 
gate principal amount of the Bonds issued pursuant to this 
Ordinance shall not exceed $1,000,000. Unless the City 



ORDINANCES 427 

Council shall, by ordinance or resolution, determine other- 
wise, the Bonds shall bear interest from the date of de- 
livery at the rate equal to nine and one-quarter per centum 
(914%) per annum, adjusted as of the date of issuance 
of the Bonds and on the first Banking Day of each month 
following- the date of issuance of the Bonds, (both up- 
wards and downwards), as the case may be, by an amount 
equal to fifty percent (50%) of the difference, as of the 
date of adjustment, obtained from the then prevailing 
commercial prime rate of interest charged by Mercantile- 
Safe Deposit and Trust Company, a Maryland banking 
and trust company, by subtracting seventeen and one- 
quarter per centum (1714%) per annum, provided how- 
ever, that such floating rate of interest shall in no event 
be less than eight per centum (8%) nor more than ten 
per centum (10% ) per annum ; provided, however, that dur- 
ing any period in which the interest payable on the Bonds 
is for any reason includible in the gross income (as de- 
fined in Section 61 of the Internal Revenue Code of 1954, 
as amended) of the holder of any of the Bonds, the rate 
of interest payable on such Bonds shall be eleven and one- 
half per centum (III/2 % ) per annum. Interest on the Bonds 
shall be payable periodically on dates to be prescribed by 
the Board in the Resolution and shall be calculated on the 
basis of a 360-day year factor applied to actual days 
elapsed. The principal of the Bonds shall be payable in 
periodic installments on the dates and in the amounts to 
be prescribed by the Board in the Resolution." 

Sec. 2. And be it further ordained, That the second 
paragraph of the form of the Bond contained in Section 4 
of the Initial Ordinance, which reads as follows: 

"FOR VALUE RECEIVED, MAYOR AND CITY 
COUNCIL OF BALTIMORE, a body politic and corporate 
and a political subdivision of the State of Maryland (the 
"Issuer"), hereby promises to pay (but only out of the 
"Receipts and Revenues of the Issuer from the Loan" as 

hereinafter defined) to or 

its successor or registered assignee or legal representative 

the principal sum of DOLLARS, 

payable in installments and in the manner hereinafter set 
forth, and to pay interest on the unpaid principal amount 



428 ORDINANCES Ord. No. 74 

hereof from , 19. . . ., until paid in full (or, if 

this bond, or any portion hereof, shall have been duly called 
for early redemption and payment of the redemption price 
shall have been made or provided for, until the date fixed 
for such early redemption) at the rate of eight and one half 
per centum (8V2%) per annum (calculated on the basis of 
a 360-day year factor applied to actual days elapsed) pay- 
able at the times and in the manner hereinafter set forth; 
provided, however, that during any period in which the 
interest payable hereon is for any reason includible in the 
gross income (as defined in Section 61 of the Internal 
Revenue Code of 1954, as amended) of the holder hereof, 
the rate of interest payable on the unpaid principal amount 
hereof shall be at the rate equal to the commercial prime 

rate of interest in effect at from time to 

time plus two per centum (2%) per annum (calculated 
on the basis of a 360-day year factor applied to actual days 
elapsed)." 

is hereby amended to read as follows : 

"FOR VALUE RECEIVED, MAYOR AND CITY 
COUNCIL OF BALTIMORE, a body politic and corporate 
and a political subdivision of the State of IMaiyland (the 
"Issuer"), hereby promises to pay (but only out of the 
"Receipts and Revenues of the Issuer from the Loan" as 

hereinafter defined) to or its 

successor or registered assignee or legal representative the 

principal sum of DOLLARS, 

payable in installments and in the manner hereinafter set 
forth, and to pay interest on the unpaid principal amount 

hereof from , 19 .... , until paid in full (or, 

if this bond, or any portion hereof, shall have been duly 
called for early redemption and pajTnent of the redemption 
price shall have been made or provided for, until the date 
fixed for such early redemption) at a rate equal to nine 
and one-quarter per centum (914%) per annum, adjusted 
as of the date of issuance of the Bonds and on the first 
Banking Day of each month following the date of issuance 
of the Bonds, (both upwards and downwards), as the case 
may be, by an amount equal to fifty percent (50%) of 
the difference, as of the date of adjustment, obtained 
from the then prevailing commercial prime rate of in- 
terest charged by Mercantile-Safe Deposit and Trust 



ORDINANCES 429 

Company, a Maryland banking and trust company, by sub- 
tracting seventeen and one-quarter per centum (17Vi.%) 
per annum, provided, however, that such floating rate of 
interest shall in no event be less than eight per centum 
(8%) nor more than ten per centum (10%) per annum 
payable at the times and in the manner hereinafter set 
forth; provided, however, that during any period in which 
the interest payable hereon is for any reason includible in 
the gross income (as defined in Section 61 of the Internal 
Revenue Code of 1954, as amended) of the holder hereof, 
the rate of interest payable on the unpaid principal amount 
hereof shall be eleven and one-half per centum (111/2%) 
per annum (calculated on the basis of a 360-day year factor 
applied to actual days elapsed)." 

Sec. 3. And be it further ordained, That subparagraph 
(b) of the third literary paragraph of the form of the 
Bonds contained in Section 4 of the Initial Ordinance which 
reads as follows : 

"(b) then, commencing on , and on 

the first day of each and every month thereafter, to and 

including the first day of , the 

principal sum and interest thereon shall be payable in 180, 

equal, consecutive, monthly installments of % 

each (except as hereinafter provided), by check or draft 
mailed by the Trustee to the registered owner hereof at 
its address as it appears on the bond registration books 
of the Issuer, without the necessity of surrendering or pre- 
senting this bond, and all such payments shall fully dis- 
charge the obligation of the Issuer herein to the extent 
of the payments so made ; and" 

is hereby amended to read as follows: 

"(b) then, commencing on and on 

the first day of each and every month thereafter for 120 
months or until the entire principal amount of this bond 
shall have been repaid in full, installments of all accrued 
and unpaid interest shall be payable together with install- 
ments of principal as set forth in Schedule A attached 
hereto (except as hereinafter provided), by check or draft 
mailed by the Trustee to the registered owner hereof at 
its address as it appears on the bond registration books of 



430 ORDINANCES Ord. No. 74 

the Issuer, without the necessity of surrendering or pre- 
senting this bond, and all such payments shall fully dis- 
charge the obligation of the Issuer herein to the extent 
of the payments so made ; and*' 

Sec. 4. And be it further ordained. That the fourth 
literary paragraph of the form of the Bonds contained in 
Section 4 of the Initial Ordinance which reads as follows : 

"Notwithstanding any other provision of this bond, 
during any period in which the interest payable hereon is 
for any reason includible in the gross income (as defined 
in Section 61 of the Internal Revenue Code of 1954, as 
amended) of the owner hereof, the rate of interest payable 
hereon shall be increased to the commercial prime rate 

of interest in effect at from time to time 

plus two per centum (2%) per annum (the "Taxable 
Rate") ; and the Issuer agrees to make all pa\Tnents due 
hereon during any such period in an amount increased 
(retroactively and prospectively) to include interest at the 
Taxable Rate, and the monthly installments of principal 
and interest as stated above shall be adjusted accordingly 
during any such period." 

is hereby amended to read as follows: 

"Notwithstanding any other provision of this bond, dur- 
ing any period in which the interest payable hereon is for 
any reason includible in the gross income (as defined in 
Section 61 of the Internal Revenue Code of 1954, as 
amended) of the owner hereof, the rate of interest pay- 
able hereon shall be increased to eleven and one-half per 
centum (lli/o%) per annum (the "Taxable Rate"); and 
the Issuer agrees to make all payments due hereon during 
any such period in an amount increased (retroactively and 
prospectively) to include interest at the Taxable Rate." 

Sec. 5. And be it further ordained. That the form of the 
Bonds contained in Section 4 of the Initial Ordinance is 
hereby amended to add the following schedule at the end 
of such form: 

SCHEDULE A 

No. R- $ 



ORDINANCES 431 

Baltimore City, Maryland 

Industrial Development Revenue Bond 

(Art Litho Company Project) 

Series 

Date Principal Installment 

$ 

Sec. 6. And he it further ordained. That subparagraph 
(b) of Section 5 of the Initial Ordinance which reads as 
follows : 

" (b) then, commencing on , and on 

the first day of each and every month thereafter, to and 

including the first day of , the principal sum 

and interest thereon shall be payable in 180, equal, con- 
secutive, monthly installments of $ each (ex- 
cept as hereinafter provided), by check or draft mailed by 
the Trustee to the registered owner hereof at its address 
as it appears on the bond registration books of the Issuer, 
without the necessity of surrendering or presenting this 
bond, and all such payments shall fully discharge the ob- 
ligation of the Issuer herein to the extent of the payments 
so made; and" 

is hereby amended to read as follows: 

" (b) then, commencing on and on the 

first day of each and every month thereafter for 180 
months or until the entire principal amount of this bond 
shall have been repaid in full, installments of all accrued 
and unpaid interest shall be payable together with install- 
ments of principal as set forth in Schedule A attached 
hereto (except as hereinafter provided), by check or draft 
mailed by the Trustee to the registered owner hereof at 
its address as it appears on the bond registration books of 
the Issuer, without the necessity of surrendering or pre- 
senting this bond, and all such payments shall fully dis- 
charge the obligation of the Issuer herein to the extent 
of the payments so made ; and" 

SEC. 7. BE IT FURTHER ORDAINED, THAT THAT 
PORTION OF THE RECITALS IN THE INITIAL OR- 
DINANCE WHICH READS AS FOLLOWS : 



432 ORDINANCES Ord. No. 74 

"AS SECURITY FOR THE LOAN, THE HOFFMANS 
WILL EXECUTE A DEED OF TRUST IN WHICH THE 
CITY WILL JOIN, AS A GRANTOR, TO CERTAIN IN- 
DIVIDUAL TRUSTEES. COVERING, AMONG OTHER 
THINGS, THE LANGLEY STREET FACILITY (THE 
"DEED OF TRUST"), WHICH DEED OF TRUST 
SHALL PROVIDE THAT THE OBLIGATIONS OF THE 
CITY THEREUNDER SHALL BE SOLELY AND EX- 
CLUSIVELY PAYABLE FROM REVENUE DERIVED 
FROM LOAN PAYMENTS MADE TO THE CITY ON 
ACCOUNT OF THE LOAN AND ANY OTHER MONEYS 
MADE AVAILABLE TO THE CITY FOR SUCH PUR- 
POSE, AND THAT NO SUCH OBLIGATION SHALL 
EVER CONSTITUTE AN INDEBTEDNESS OR 
CHARGE AGAINST THE GENERAL CREDIT OR 
TAXING POWERS OF THE CITY WITHIN THE MEAN- 
ING OF ANY CONSTITUTIONAL OR CHARTER PRO- 
VISION OR STATUTORY LIMITATION OR SHALL 
EVER CONSTITUTE OR GIVE RISE TO ANY PE- 
CUNIARY LIABILITY OF THE CITY/' 

IS HEREBY AMENDED TO READ AS FOLLOWS: 

"AS SECURITY FOR THE LOAN, THE CITY WILL 
EXECUTE A DEED OF TRUST IN WHICH, IF THE 
BOARD REQUIRES, THE HOFFMANS, WILL JOIN, AS 
A GRANTOR, TO CERTAIN INDIVIDUAL TRUSTEES, 
COVERING, AMONG OTHER THINGS, THE LANG- 
LEY STREET FACILITY (THE "DEED OF TRUST"), 
WHICH DEED OF TRUST SHALL PROVIDE THAT 
THE OBLIGATIONS OF THE CITY THEREUNDER 
SHALL BE SOLELY AND EXCLUSIVELY PAYABLE 
FROM REVENUE DERIVED FROM LOAN PAYMENTS 
MADE TO THE CITY ON ACCOUNT OF THE LOAN 
AND ANY OTHER MONEYS MADE AVAILABLE TO 
THE CITY FOR SUCH PURPOSE, AND THAT NO 
SUCH OBLIGATION SHALL EVER CONSTITUTE AN 
INDEBTEDNESS OR CHARGE AGAINST THE GEN- 
ERAL CREDIT OR TAXING POWERS OF THE CITY 
WITHIN THE MEANING OF ANY CONSTITUTIONAL 
OR CHARTER PROVISIONS OR STATUTORY LIMI- 
TATION OR SHALL EVER CONSTITUTE OR GIVE 
RISE TO ANY PECUNIARY LIABILITY OF THE 
CITY." 



ORDINANCES 433 

Sec. ^ 8. And be it further ordained, That Section 5 of 
the Initial Ordinance is fuii:her amended to add the follow- 
ing paragraph: 

"The Board may, by the Resolution, determine that all 
or a portion of the Series B Bonds may provide for pay- 
ment of the principal thereof in 4^ 120 equal, monthly 
installments." 

Sec. Sr 9. And he it further oi^dained, That, except to the 
extent they expressly conflict with the provisions set forth 
above, all the other Sections and provisions of the Initial 
Ordinance shall be unaffected and unchanged by this Or- 
dinance and shall remain in effect. 

Sec. ^10. And he it further ordained, That this Ordi- 
nance shall take effect from the date of its passage. 

Approved June 9, 1980. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 75 
(Council No. 200) 

AN ORDINANCE concerning 

BOND ISSUE— HOUSING DEVELOPMENT LOAN 

FOR the purpose of authorizing the Mayor and City Council 
of Baltimore (pursuant to Chapter 15 of the Acts of the 
General Assembly of Maiyland of 1980), to issue and sell 
its certificates of indebtedness to an amount not exceed- 
ing Twelve Million Dollars ($12,000,000.00), the proceeds 
derived from the sale of the same to be used for the cost 
of issuance, including the expense of engraving, printing, 
advertising, attorneys' fees, and all other incidental ex- 
penses connected therewith, and the remainder of such 
proceeds shall be used to make or contract to make finan- 
cial loans to any person or other legal entity to be used for 
or in connection with the purchase, acquisition, construe- 



434 ORDINANCES Ord. No. 75 

tion, erection or development of buildings or structures, 
including: any land necessary therefor, within the bound- 
aries of Baltimore City, which buildings or structures are 
to be used or occupied for residential purposes ; to guar- 
antee or insure financial loans made by third parties to 
any person or other legal entity which are to be used for 
or in connection with the pui-chase. acquisition, construc- 
tion, ei'ection or development of buildings or structures, 
including any land necessary therefor, within the bound- 
anes of Baltimore City, which buildings or structures are 
to be used or occupied for residential purposes, and for 
doing any and all things necessary, proper or expedient 
in connection witli or pertaining to any or all of the 
matters or things hereinbefore mentioned ; conferring and 
imposing upon the Board of Finance of Baltimore City 
certain powers and duties; authorizing the submission 
of this ordinance to the legal voters of the City of Bal- 
timore, for their approval or disapproval, at the General 
Election to be held in Baltimore City on Tuesday, the 
4th day of November, 1980 ; providing that the financial 
loans made, guaranteed or insured shall be self-supporting, 
and providing for the expenditure of the proceeds of said 
certificates of indebtedness in accordance with the pro- 
\'isions of the Charter of the Mayor and City Council of 
Baltimore, and by the municipal agency designated in the 
annual Ordinance of Estimates of the Mayor and City 
Council of Baltimore. 

Whereas, by Chapter 15 of the Acts of the General As- 
sembly of Maryland of 1980, the Mayor and City Council of 
Baltimore is authorized to create a debt and to issue and 
sell its certificates of indebtedness (hereinafter called 
"bonds") as evidence thereof, to an amount not exceeding 
Twelve Million Dollars ($12,000,000.00), in the manner and 
upon the terms set forth in said Act, the proceeds thereof, 
not exceeding the par value of said certificates of indebted- 
ness, to be used for or in connection with making, guaran- 
teeing, or insuring financial loans for the purchase, acqui- 
sition, construction, erection or development of residential 
properties in Baltimore City, as authorized by said Act ; and 

Whereas, Funds are now needed for said purposes; 
therefore 



ORDINANCES 435 

Section 1. Be it ordcdned by the Mayor and City Council 
of Baltimore, That the Mayor and City Council of Baltimore, 
acting by and through the Board of Finance of said munici- 
pality, be and it is hereby authorized and empowered to 
issue bonds of the Mayor and City Council of Baltimore to 
an amount not exceeding Twelve Million Dollars ($12,000,- 
000.00), from time to time, as the same may be needed or 
required for the purposes hereinafter named and said bonds 
shall be sold by said Board of Finance from time to time 
and at such times as shall be requisite, and the proceeds 
derived from the sale of said bonds shall be used for the 
purposes hereinafter named, provided that this Ordinance 
shall not become effective unless it shall be approved by 
a majority of the votes of the legal voters of Baltimore City 
cast at the time and place hereinafter designated by this 
Ordinance. 

Sec. 2. And he it further ordained, That : 

(a) Said bonds shall be issued in denominations of not 
less than One Thousand Dollars ($1,000.00) each, but may 
be in sums of One Thousand Dollars ($1,000.00), or any 
suitable multiple thereof. 

(b) Said bonds, or any part thereof, shall be issued in 
accordance with a serial maturity plan so worked out as 
to discharge the entire principal amount represented thereby 
within not more than forty (40) years from the date of 
their issuance ; provided, however, that it shall not be neces- 
sary to provide for the maturity of any part of the principal 
amount represented by any of said bonds for the first five 
(5) years from the date of their issuance. 

(c) Said bonds, when issued, shall bear interest at such 
rate or rates as may be determined by a majority of the 
Boai'd of Finance by resolution at such time or times when 
any of said bonds are issued, and such interest shall be 
payable semi-annually. 

Sec. 3. And he it further ordained, That a majority of 
the Board of Finance of the Mayor and City Council of 
Baltimore be, and they are hereby, authorized to pass a 
resolution or resolutions, from time to time, to determine 
and set forth any or all of the f ollo"wing : 



436 ORDINANCES OrcL No. 75 

(a) The amount of debt to be incurred by the Mayor 
and City Council of Baltimore at any particular time, and 
from time to time, under and pursuant to the provisions of 
this ordinance; the date or dates when any bonds repre- 
senting: said debt, or any part thei-eof, are to mature, and 
the amount or amounts of said debt, or any part thereof, 
which shall mature upon the aforesaid date or dates; and 
the semi-annual dates in each year, during the entire 
period of time when any of said bonds are outstanding, 
when interest on any of said bonds shall be payable. 

(b) The fonn or forais of the bonds representing the 
debt, or any part thereof, authorized to be issued under 
the provisions of this ordinance at any particular time, 
including any interest coupons to be attached thereto; the 
provisions, if any, for the issuance of coupon bonds; the 
provisions, if any, for the issuance of fully registered bonds; 
the provisions, if any, for the registration as to principal 
of any coupon bonds; and the provisions, if any, for the 
conversion and reconversion into coupon bonds of any fully 
registered bonds or coupon bonds registered as to principal ; 
the place or places for the pa\Tnent of principal and inter- 
est of said bonds ; and the date of said bonds issued at any 
particular time, and the right of redemption of said bonds 
by the City prior to maturity ; and 

(c) The time, place, manner and medium of advertise- 
ment of the readiness of the Board of Finance, acting for 
and on behalf of the Mayor and City Council of Baltimore, 
to receive bids for the purchase of the bonds authorized 
to be issued hereunder, or any part thereof; the form, tenns 
and conditions of such bids; the time, place and manner 
of aw^arding bonds so bid for, including the right whenever 
any of the bonds authorized by this Ordinance are offered 
for sale and sold at the same time as other bonds of said 
City, to establish the conditions for bids and awards and 
to award all of said bonds on an all or none basis ; and the 
time, place, terms and manner of settlement for the bonds 
so bid for. 

Sec. 4. A7id be it further ordained, That: 

(a) All premiums resulting from the sale of any of the 
bonds issued and sold pursuant to the provisions of this 



ORDINANCES 437 

Ordinance shall be applied first to defray the cost of is- 
suance thereof and the balance, if any, shall be applied to 
the payment of interest on any of said bonds becoming 
due and payable during- the fiscal year in which said bonds 
are issued and sold or during the next succeeding fiscal 
year. 

(b) The debt authorized by the provisions of this Ordi- 
nance, and the bonds issued and sold pursuant thereto and 
their transfer, and the principal and interest payable there- 
on (including any profit made in the sale thereof), shall 
be and remain exempt from any and all State, county and 
municipal taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions 
of this Ordinance shall be sold at public sale to the highest 
responsible bidder or bidders therefor after due notice of 
such sale, but the Mayor and City Council of Baltimore, 
acting by and through the Board of Finance thereof, shall 
have the right to reject any or all bids therefor for any 
reason and thereafter reoffer such bonds at public sale as 
aforesaid or at private sale, provided that if such bonds be 
offered at private sale they shall be ofl['ered for sale and sold 
for not less than par and accrued interest. 

Sec. 5. And be it further ordained, That until all of the 
interest on and principal of any bonds issued pursuant to 
the provisions of this Ordinance have been paid in full, the 
Mayor and City Council of Baltimore shall levy and impose 
an annual tax on each One Hundred Dollars ($100.00) of 
assessable property in the City of Baltimore at a rate suffi- 
cient to produce revenue to pay all interest on and principal 
of all bonds theretofore issued and outstanding, payable in 
the next succeeding year. 

Sec. 6. And he it further ordained, That this Ordinance 
shall be submitted to the legal voters of the City of Balti- 
more, for their approval or disapproval, at the General 
Election to be held in Baltimore City on Tuesday, the 4th 
day of November, 1980. 

Sec. 7. And he it further ordained, That prior to the date 
of the election hereinbefore mentioned, notice shall be 
given to the public of the amount of money which the 



438 ORDINANCES Ord. No. 75 

Mayor and City Ck)uncil of Baltimore is authorized to 
borrow, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions 
of this Ordinance, and the time when the election herein- 
before mentioned is to be held ; and such public notice shall 
be given in such manner and by such means or through 
such media and at such time or times as may be deter- 
mined, from time to time, by a majority of the Board of 
Finance. 

Sec. 8. And be it further ordained, That the actual cash 
proceeds derived from the sale of the bonds authorized to 
be issued under the provisions of this Ordinance, not ex- 
ceeding the par value thereof, shall be used exclusively 
for the following purposes, to wit : 

(a) So much thereof as may be necessary, in addition 
to the premiums realized from the sale, if any, for the 
cost of issuance, including the expense of engraving, print- 
ing, advertising, attorneys' fees, and all other incidental 
expenses connected therewith ; and 

(b) The remainder of such proceeds to be used to make 
or contract to make financial loans to any person or other 
legal entity to be used for or in connection with the pur- 
chase, acquisition, construction, erection or development of 
buildings or structures, including any land necessary there- 
for, within the boundaries of Baltimore City, which build- 
ings or structures are to be used or occupied for residential 
pui'poses; to guarantee or insure financial loans made by 
third parties to any person or other legal entity which are 
to be used for or in connection with the purchase, acquisi- 
tion, construction, erection or development of buildings or 
structures, including any land necessary therefor, within 
the boundaries of Baltimore City, which buildings or struc- 
tures are to be used or occupied for residential purposes, 
and for doing any and all things necessaiy, proper or ex- 
pedient in connection with or pertaining to any or all of 
the matters or things hereinbefore mentioned. 

Sec. 9. And be it further ordained. That no part of the 
proceeds of sale of the bonds hereby authorized to be issued 
shall be expended until after the Board of Finance has 
determined, based upon such data as said Board of Finance 



ORDINANCES 439 

shall require to be submitted to it to enable it to make 
such determination, that any financial loans made, guar- 
anteed or insured from such proceeds, shall, in fact, be self- 
supporting. 

Sec. 10. And be it further ordained, That in case any 
land or property now or hereafter owned by the Mayor 
and City Council of Baltimore is sold by it to any legal 
entity for the purpose of construction, erection or develop- 
ment of buildings or structures, which buildings or struc- 
tures are to be used or occupied for residential purposes, 
then the purchaser of said land or property shall pay to the 
municipality at least an amount of money equal to the full 
appraised value of said land or property, and in case any 
such land or property is leased by the municipality to any 
legal entity for any of the purposes hereinbefore mentioned, 
then the lessee shall pay annually to the municipality an 
amount of money equal to the reasonable rental value of 
said land or property. In the event any such land or prop- 
erty is sold by the municipality as aforesaid and such land 
or property is then reconveyed back to the municipality as 
security for any loan made by the municipality to the pur- 
chaser under the provisions of this Ordinance, then such 
purchaser shall pay annually to the municipality in lieu 
of taxes a tax equivalent charge on such land or property 
on the basis of the then prevailing tax assessment on the 
land and improvements and calculated at the City and 
State tax rates then in effect, in accordance with the policy 
of the Board of Estimates of the municipality. All payments 
made in lieu of taxes shall be made when real estate taxes 
of the municipality ordinarily become due and payable. 

Sec. 11. And be it further ordained, That the expendi- 
ture of the proceeds derived from the sale of the bonds 
authorized to be issued under the provisions of this Ordi- 
nance shall be in accordance with the provisions of the 
Charter of the Mayor and City Council of Baltimore, and 
by the municipal agency designated in the annual Ordinance 
of Estimates of the Mayor and City Council of Baltimore. 

Approved June 9, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



440 ORDINANCES Ord. No. 76 

No. 76 
(Council No. 201) 

AN ORDINANCE concerning 

BOND ISSUE— RESIDENTIAL FINANCING LOAN 

FOR the purpose of authorizing the Mayor and City Coun- 
cil of Baltimore (pursuant to Chapter 17 of the Acts 
of the General Assembly of Maryland of 1980), to issue 
and sell its certificates of indebtedness to an amount not 
exceeding Eight Million Dollars ($8,000,000.00), the pro- 
ceeds derived from the sale of the same to be used for 
the cost of issuance, including the expense of engraving, 
printing, advertising, attorneys' fees, and all other inci- 
dental expenses connected therewith, and the remainder 
of such proceeds shall be used to make or contract to 
make financial loans to any person or other legal en- 
tity to be used for or in connection with the purchase, 
acquisition, construction, erection, development, rehabili- 
tation, renovation, redevelopment or improvement of 
buildings or structures, including any land necessary 
therefor, within the boundaries of Baltimore City, which 
buildings or structures are to be used or occupied for 
residential purposes; to guarantee or insure financial 
loans made by third parties to any person or other legal 
entity which are to be used for or in connection ^^^th 
the purchase, acquisition, construction, erection, develop- 
ment, rehabilitation, renovation, redevelopment, or im- 
provement of buildings or structures, including any land 
necessary therefor, within the boundaries of Baltimore 
City, which buildings or structures are to be used or 
occupied for residential purposes, and for doing any and 
all things necessary, proper or expedient in connection 
with or pei-taining to any or all of the matters or things 
hereinbefore mentioned ; conferring and imposing upon 
the Board of Finance of Baltimore City certain powers 
and duties ; authorizing the submission of this ordinance 
to the legal voters of the City of Baltimore, for their 
approval or disapproval, at the General Election to be 
held in Baltimore City on Tuesday, the 4th day of No- 
vember, 1980; providing that the financial loans made, 
guaranteed or insured shall be self-supporting, and pro- 
viding for the expenditure of the proceeds of said cer- 



ORDINANCES 441 

tificates of indebtedness in accordance with the provisions 
of the Charter of the Mayor and City Council of Bal- 
timore, and by the municipal agency designated in the 
annual Ordinance of Estimates of the Mayor and City 
Council of Baltimore. 

Whereas, by Chapter 17 of the Acts of the General 
Assembly of Maryland of 1980, the Mayor and City Coun- 
cil of Baltimore is authorized to create a debt and to issue 
and sell its certificates of indebtedness (hereinafter called 
"bonds") as evidence thereof, to an amount not exceeding 
Eight Million Dollars ($8,000,000.00), in the manner and 
upon the terms set forth in said Act, the proceeds thereof, 
not exceeding the par value of said certificates of indebted- 
ness, to be used for or in connection with making, guaran- 
teeing, or insuring financial loans for the purchase, acqui- 
sition, construction, erection, development, rehabilitation, 
renovation, redevelopment or improvement of residential 
properties in Baltimore City, as authorized by said Act; 
and 

Whereas, Funds are now needed for said purposes; 
therefore 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Mayor and City Council of Balti- 
more, acting by and through the Board of Finance of said 
municipality, be and it is hereby authorized and empowered 
to issue bonds of the Mayor and City Council of Baltimore 
to an amount not exceeding Eight Million Dollars ($8,000,- 
000.00), from time to time, as the same may be needed or 
required for the purposes hereinafter named and said 
bonds shall be sold by said Board of Finance from time to 
time and at such times as shall be requisite, and the pro- 
ceeds derived from the sale of said bonds shall be used for 
the pui-poses hereinafter named, provided that this ordi- 
nance shall not become effective unless it shall be approved 
by a majority of the votes of the legal voters of Baltimore 
City cast at the time and place hereinafter designated by 
this ordinance. 

Sec. 2. And be it further ordained. That: 

(a) Said bonds shall be issued in denominations of not 
less than One Thousand Dollars ($1,000.00) each, but may 



442 ORDINANCES Ord. No. 76 

be in sums of One Thousand Dollars ($1,000.00), or any 
suitable multiple thereof. 

(b) Said bonds, or any part thereof, shall be issued in 
accordance with a serial maturity plan so worked out as 
to discharge the entire principal amount represented there- 
by within not more than forty (40) years from the date 
of their issuance; provided, however, that it shall not be 
necessary to provide for the maturity of any part of the 
principal amount represented by any of said bonds for the 
first five (5) years from the date of their issuance. 

(c) Said bonds, when issued, shall bear interest at such 
rate or rates as may be deteiTnined by a majority of the 
Board of Finance by resolution at such time or times when 
any of said bonds are issued, and such interest shall be 
payable semi-annually. 

Sec. 3. Ami be it further ordained. That a majority of 
the Board of Finance of the Mayor and City Council of Bal- 
timore be, and they are hereby, authorized to pass a reso- 
lution or resolutions, from time to time, to determine and 
set forth any or all of the following : 

(a) The amount of debt to be incurred by the Mayor 
and City Council of Baltimore at any particular time, and 
from time to time, under and pursuant to the provisions of 
this ordinance; the date or dates when any bonds repre- 
senting said debt, or any part thereof, are to mature, and 
the amount or amounts of said debt, or any part thereof, 
which shall mature upon the aforesaid date or dates; and 
the semi-annual dates in each year, during the entire period 
of time when any of said bonds are outstanding, when 
interest on any of said bonds shall be payable. 

(b) The form or forms of the bonds representing the 
debt, or any part thereof, authorized to be issued under 
the provisions of this ordinance at any particular time, 
including any interest coupons to be attached thereto; the 
provisions, if any, for the issuance of coupon bonds; the 
provisions, if any, for the issuance of fully registered bonds ; 
the provisions, if any, for the registration as to principal 
of any coupon bonds; and the provisions, if any, for the 
conversion and reconversion into coupon bonds of any fully 
registered bonds or coupon bonds registered as to principal ; 



ORDINANCES 443 

the place or places for the payment of principal and in- 
terest of said bonds; and the date of said bonds issued at 
any particular time, and the right of redemption of said 
bonds by the City prior to maturity ; and 

(c) The time, place, manner and medium of advertise- 
ment of the readiness of the Board of Finance, acting for 
and on behalf of the Mayor and City Council of Baltimore, 
to receive bids for the purchase of the bonds authorized 
to be issued hereunder, or any part thereof; the form, 
terms and conditions of such bids ; the time, place and man- 
ner of awarding bonds so bid for, including the right when- 
ever any of the bonds authorized by this ordinance are 
offered for sale and sold at the same time as other bonds 
of said City, to establish the conditions for bids and awards 
and to award all of said bonds on an all or none basis; 
and the time, place, teiTns and manner of settlement for 
the bonds so bid for. 



Sec. 4. And he it further ordained, That: (a) All pre- 
miums resulting from the sale of any of the bonds issued 
and sold pursuant to the provisions of this ordinance shall 
be applied first to defray the cost of issuance thereof and 
the balance, if any, shall be applied to the payment of 
interest on any of said bonds becoming due and payable 
during the fiscal year in which said bonds are issued and 
sold or during the next succeeding fiscal year. 

(b) The debt authorized by the provisions of this ordi- 
nance, and the bonds issued and sold pursuant thereto and 
their transfer, and the principal and interest payable 
thereon (including any profit made in the sale thereof), 
shall be and remain exempt from any and all State, county 
and municipal taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provi- 
sions of this ordinance shall be sold at public sale to the 
highest responsible bidder or bidders therefor after due 
notice of such sale, but the Mayor and City Council of 
Baltimore, acting by and through the Board of Finance 
thereof, shall have the right to reject any or all bids 
therefor for any reason and thereafter reoffer such bonds 
at public sale as aforesaid or at private sale, provided 
that if such bonds be offered at private sale they shall be 



444 ORDINANCES Ord. No. 76 

offered for sale and sold for not less than par and accrued 
interest. 

Sec. 5. And be it further ordained, That until all of the 
interest on and principal of any bonds issued pursuant to 
the provisions of this Ordinance have been paid in full, 
the ^layor and City Council of Baltimore shall levy and 
impose an annual tax on each One Hundred Dollars 
($100.00) of assessable property in the City of Baltimore 
at a rate sufficient to produce revenue to pay all interest 
on and principal of all bonds theretofore issued and out- 
standing, payable in the next succeeding year. 

Sec. 6. And he it further ordained, That this Ordinance 
shall be submitted to the legal voters of the City of Balti- 
more, for their approval or disapproval, at the General 
Election to be held in Baltimore City on Tuesday, the 4th 
day of November, 1980. 

Sec. 7. And he it further ordained. That prior to the 
date of the election hereinbefore mentioned, notice shall 
be given to the public of the amount of money which the 
Mayor and City Council of Baltimore is authorized to 
borrow, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions 
of this Ordinance, and the time when the election herein- 
before mentioned is to be held ; and such public notice 
shall be given in such manner and by such means or 
through such media and at such time or times as may be 
deteiTnined, from time to time, by a majority of the Board 
of Finance. 

Sec. 8. And he it further ordained. That the actual cash 
proceeds derived from the sale of the bonds authorized to 
be issued under the provisions of this Ordinance, not ex- 
ceeding the par value thereof, shall be used exclusively for 
the following purposes, to wit: 

(a) So much thereof as may be necessary, in addition 
to the premiums realized from the sale, if any, for the cost 
of issuance, including the expense of engraving, printing, 
advertising, attorneys' fees, and all other incidental ex- 
penses connected therewith ; and 



ORDINANCES 445 

(b) The remainder of such proceeds to be used to make 
or contract to make financial loans to any person or other 
legal entity to be used for or in connection with the pur- 
chase, acquisition, construction, erection, development, re- 
habilitation, renovation, redevelopment or improvement of 
buildings or structures, including any land necessary there- 
for, within the boundaries of Baltimore City, which build- 
ings or structures are to be used or occupied for residential 
purposes; to guarantee or insure financial loans made by 
third parties to any person or other legal entity which are 
to be used for or in connection with the purchase, acqui- 
sition, construction, erection, development, rehabilitation, 
renovation, redevelopment or improvement of buildings or 
structures, including any land necessary therefor, within 
the boundaries of Baltimore City, which buildings or 
structures are to be used or occupied for residential pur- 
poses, and for doing any and all things necessary, proper 
or expedient in connection with or pertaining to any or 
all of the matters or things hereinbefore mentioned. 

Sec. 9. And be it further ordained, That no part of the 
proceeds of sale of the bonds hereby authorized to be issued 
shall be expended until after the Board of Finance has 
detennined, based upon such data as said Board of Finance 
shall require to be submitted to it to enable it to make 
such detei-mination, that any financial loans made, guaran- 
teed or insured from such proceeds, shall, in fact, be self- 
supporting. 

Sec. 10. And he it further ordained, That in case any 
land or property now or hereafter owned by the Mayor 
and City Council of Baltimore is sold by it to any legal 
entity for the purpose of construction, erection or develop- 
ment of buildings or structures, which buildings or struc- 
tures are to be used or occupied for residential purposes, 
then the purchaser of said land or property shall pay to the 
municipality at least an amount of money equal to the full 
appraised value of said land or property, and in case any 
such land or property is leased by the municipality to any 
legal entity for any of the purposes hereinbefore men- 
tioned, then the lessee shall pay annually to the munici- 
pality an amount of money equal to the reasonable rental 
value of said land or property. In the event any such land 



446 ORDINANCES Ord. No. 77 

or property is sold by the municipality as aforesaid and 
such land or property is then reconveyed back to the mu- 
nicipality as security for any loan made by the municipality 
to the purchiiser under the provisions of this Ordinance, 
then such puixhaser shall pay annually to the municipality 
in lieu of taxes a tax equivalent charge on such land or 
property on the basis of the then prevailing tax assessment 
on the land and improvements and calculated at the City 
and State tax rates then in effect, in accordance with the 
X)olicy of the Board of Estimates of the municipality. All 
pa>Tnents made in lieu of taxes shall be made when real 
estate taxes of the municipality ordinarily become due and 
payable. 

Sec. 11. And be it further ordained, That the expendi- 
ture of the proceeds derived from the sale of the bonds 
authorized to be issued under the provisions of this Ordi- 
nance shall be in accordance with the provisions of the 
Charter of the Mayor and City Council of Baltimore, and 
by the municipal agency designated in the annual Ordi- 
nance of Estimates of the Mayor and City Council of 
Baltimore. 

Approved June 9, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 77 
(Council No. 202) 

AN ORDINANCE concerning 

BOND ISSUE— ECONOMIC DEVELOPMENT LOAN 

FOR the purpose of authorizing the Mayor and City Coun- 
cil of Baltimore (pursuant to Chapter 19 of the Acts of 
the General Assembly of Maryland of 1980) , to issue and 
sell its certificates of indebtedness to an amount not ex- 
ceeding Seven Million Dollars ($7,000,000.00) the pro- 
ceeds derived from the sale of the same to be used for 
the cost of issuance, including the exi^ense of engi^aving. 



ORDINANCES 447 

printing, advertising, attorneys' fees, and all other in- 
cidental expenses connected therewith, and the remainder 
of such proceeds shall be used for or in connection with 
planning, developing, executing, and making operative 
the commercial and industrial Economic Development 
Program of the Mayor and City Council of Baltimore, 
including, but not limited to, the acquisition, by pur- 
chase, lease, condemnation or any other legal means, of 
land or property, or any right, interest, franchise, ease- 
ment or privilege therein, in the City of Baltimore; the 
payment of any and all costs and expenses incurred in 
connection with or incidental to the acquisition and 
management of said land or property, including any and 
all nghts or interest therein hereinbefore mentioned; the 
payment of any and all costs and expenses incurred for 
or in connection wdth relocating and moving persons or 
other legal entities displaced by the acquisition of said 
land or property, or any of the rights or interest therein 
hereinbefore mentioned ; the development, or redevelop- 
ment, including, but not limited to, the comprehensive 
renovation or rehabilitation of any land or property, or 
any rights or interests therein hereinbefore mentioned, 
in the City of Baltimore, and the disposition of land 
and property for such purposes; the elimination of un- 
healthful, unsanitary or unsafe conditions, lessening 
density, eliminating obsolete or other uses detrimental 
to the public welfare or otherwise remo\dng or pre- 
venting the spread of blight or deterioration in the 
City of Baltimore; the demolition, removal, relocation, 
renovation or alteration of land, buildings, streets, 
highways, alleys, utilities or ser\dces, and other struc- 
tures or improvements, and for the construction, re- 
construction, installation, relocation or repair of build- 
ings, streets, highways, alleys, utilities or sei-vices, and 
other structures or improvements; the payment of any 
and all costs and expenses incurred for or in connection 
\Wth doing any or all of the things herein mentioned, in- 
cluding, but not limited to, the costs and expenses of 
securing administrative, appraisal, economic analysis, 
engineering, planning, designing, architectural, sui'\'ey- 
ing, and other professional services; and doing any and 
all things necessary, proper or expedient in connection 



448 ORDINANCES Ord. No. 77 

with or pertaining to any or all of the matters or things 
hereinbefore mentioned ; conferring and imposing upon 
the Board of Finance of Baltimore City certain powers 
and duties ; authorizing the submission of this ordinance 
to the legal voters of the City of Baltimore, for their ap- 
proval or disapproval, at the General Election to be held 
in Baltimore City on Tuesday, the 4th day of Xoveml^er, 
1980 and providing for the expenditure of the proceeds 
of sale of said certificates of indebtedness in accordance 
with the provisions of the Charter of the ]\Iayor and City 
Council of Baltimore, and by the municipal agency desig- 
nated in the annual Ordinance of Estimates of the 
Mayor and City Council of Baltimore. 

Whereas, by Chapter 19 of the Acts of the General 
Assembly of Maryland of 1980 the Mayor and City Council 
of Baltimore is authorized to create a debt and to issue and 
sell its certificates of indebtedness (hereinafter called 
"bonds") as evidence thereof, to an amount not exceeding 
Seven Million Dollars (S7,000,000.00) in the manner and 
upon the terms set forth in said Act, the proceeds thereof, 
not exceeding the par value of said certificates of in- 
debtedness, to be used for or in connection with the com- 
mercial and industrial Economic Development Program of 
the City of Baltimore; and 

Whereas, Funds are now needed for said purposes; 
therefore 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Mayor and City Council of Balti- 
more, acting by and through the Board of Finance of said 
municipality, be and it is hereby authorized and empowered 
to issue bonds of the Mayor and City Council of Baltimore 
to an amount not exceeding Seven Million Dollars ($7,000.- 
000.00), from time to time, as the same may be needed 
or required for the purposes hereinafter named and said 
bonds shall be sold by said Board of Finance from time to 
time and at such times as shall be requisite, and the pro- 
ceeds derived from the sale of said bonds shall be used for 
the pun^oses hereinafter named, provided that this Ordi- 
nance shall not become effective unless it shall be approved 
by a majority of the votes of the legal voters of Baltimore 



ORDINANCES 449 

City cast at the time and place hereinafter designated by 
this Ordinance. 

Sec. 2. And be it further ordained, That : 

(a) Said bonds shall be issued in denominations of 
not less than One Thousand Dollars ($1,000.00) each, but 
may be in sums of One Thousand Dollars ($1,000.00), or 
any suitable multiple thereof. 

(b) Said bonds, or any part thereof, shall be issued in 
accordance with a serial maturity plan so worked out as 
to discharge the entire principal amount represented there- 
by within not more than forty (40) years from the date of 
their issuance; provided, however, that it shall not be neces- 
sary to provide for the maturity of any part of the prin- 
cipal amount represented by any of said bonds for the 
first five (5) years from the date of their issuance. 

(c) Said bonds, when issued, shall bear interest at such 
rate or rates as may be determined by a majority of the 
Board of Finance by resolution at such time or times when 
any of said bonds are issued, and such interest shall be 
payable semi-annually. 

Sec. 3. And he it further ordained, That a majority 
of the Board of Finance of the Mayor and City Council of 
Baltimore be, and they are hereby, authorized to pass a 
resolution or resolutions, from time to time, to determine 
and set forth any or all of the following : 

(a) The amount of debt to be incurred by the Mayor and 
City Council of Baltimore at any particular time, and from 
time to time, under and pursuant to the provisions of this 
ordinance; the date or dates when any bonds representing 
said debt, or any part thereof, are to mature, and the 
amount or amounts of said debt, or any part thereof, which 
shall mature upon the aforesaid date or dates; and the 
semi-annual dates in each year, during the entire period of 
time when any of said bonds are outstanding, when interest 
on any of said bonds shall be payable. 

(b) The form or forms of the bonds representing the 
debt, or any part thereof, authorized to be issued under the 
provisions of this ordinance at any particular time, includ- 



450 ORDINANCES Ord. No. 77 

ing any interest coupons to be attached thereto; the pro- 
visions, if any, for the issuance of fully registered bonds; 
the prov^isions, if any, for the registration as to principal 
of any coupon bonds; and the provisions, if any, for the 
conversion and reconversion into coupon bonds of any fully 
registered bonds or coupon bonds registered as to principal; 
the place or places for the payment of principal and in- 
terest of said bonds; and the date of said bonds issued at 
any particular time, and the right of redemption of said 
bonds by the City prior to maturity; and 

(c) The time, place, manner and medium of advertise- 
ment of the readiness of the Board of Finance, acting for 
and on behalf of the Mayor and City Council of Baltimore, 
to receive bids for the purchase of the bonds authorized to 
be issued hereunder, or any part thereof; the form, terms 
and conditions of such bids; the time, place and manner of 
awarding bonds so bid for. including the right whenever 
any of the bonds authorized by this Ordinance are offered 
for sale and sold at the same time as other bonds of said 
City, to establish the conditions for bids and awards and 
to award all of said bonds on an all or none basis; and 
the time, place, terms and manner of settlement for the 
bonds so bid for. 

Sec. 4. And be it further ordained, That: 

(a) All premiums resulting from the sale of any of 
the bonds issued and sold pursuant to the provisions of this 
Ordinance shall be applied first to defray the cost of is- 
suance thereof and the balance, if any, shall be applied to 
the payment of interest on any of said bonds becoming due 
and payable during the fiscal year in which said bonds 
are issued and sold or during the next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordi- 
nance, and the bonds issued and sold pursuant thereto and 
their transfer, and the principal and interest payable there- 
on (including any profit made in the sale thereof), shall be 
and remain exempt from any and all State, county and 
municipal taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions 
of this Ordinance shall be sold at public sale to the highest 
responsible bidder or bidders therefor after due notice of 



ORDINANCES 451 

such sale, but the Mayor and City Council of Baltimore, 
acting by and through the Board of Finance thereof, shall 
have the right to reject any or all bids therefor for any 
reason, and thereafter reoffer such bonds at public sale as 
aforesaid or at private sale, provided that if such bonds 
be offered at private sale they shall be offered for sale 
and sold for not less than par and accrued interest. 

Sec. 5. And be it further ordained, That until all of the 
interest on and principal of any bonds issued pursuant to 
the provisions of this Ordinance have been paid in full, the 
Mayor and City Council of Baltimore shall levy and impose 
an annual tax on each One Hundred Dollars ($100.00) of 
assessable property in the City of Baltimore at a rate 
sufficient to produce revenue to pay all interest on and 
principal of all bonds theretofore issued and outstanding or 
authorized to be issued and outstanding, payable in the 
next succeeding year. 

Sec. 6. And be it further ordained, That this Ordinance 
shall be submitted to the legal voters of the City of Balti- 
more, for their approval or disapproval, at the General 
Election to be held in Baltimore City, on Tuesday, the 4th 
day of November, 1980. 

Sec. 7. And be it further ordained. That prior to the date 
of the election hereinbefore mentioned, notice shall be given 
to the public of the amount of money which the Mayor 
and City Council of Baltimore is authorized to borrow, and 
the general purposes for which such borrowed funds may 
be expended, under the tenns and provisions of this Ordi- 
nance, and the time when the election hereinbefore men- 
tioned is to be held; and such public notice shall be given 
in such manner and by such means or through such media 
and at such time or times as may be determined, from time 
to time, by a majority of the Board of Finance. 

Sec. 8. And be it further ordained. That the actual cash 
proceeds derived from the sale of the bonds authorized 
to be issued under the provisions of this Ordinance, not 
exceeding the par value thereof, shall be used exclusively 
for the following purposes, to wit : 



452 ORDINANCES Ord. No. 77 

(a) So much thereof as may be necessary, in addition 
to the premiums realized from the sale, if any, for the cost 
of issuance, including the expense of engraving, printing, 
advertising, attorneys' fees, and all other incidental ex- 
penses connected therewith; and 

(b) The remainder of such proceeds shall be used for or 
in connection with planning, developing, executing and 
making operative the commercial and industrial Economic 
Development Program of the Mayor and City Council of 
Baltimore, including, but not limited to : 

(i) The acquisition, by purchase, lease, condemnation, or 
any other legal means, of land or property, or any right, 
interest, franchise, easement or privilege therein, in the 
City of Baltimore; 

(ii) The payment of any and all costs and expenses in- 
curred in connection with or incidental to the acquisition 
and management of said land or property, including any 
and all rights or interest therein hereinbefore mentioned; 

(iii) The payment of any and all costs and expenses 
incurred for or in connection with relocating and moving 
persons or other legal entities displaced by the acquisition 
of said land or property, or any of the rights or interests 
therein hereinbefore mentioned ; 

(iv) The development or redevelopment, including, but 
not limited to, the comprehensive renovation or rehabilita- 
tion of any land or property, or any rights or interests 
therein hereinbefore mentioned, in the City of Baltimore, 
and the disposition of land and property for such purposes; 

(v) The elimination of unhealthful, unsanitaiy or unsafe 
conditions, lessening density, eliminating obsolete or other 
uses detrimental to the public welfare or othenvise remov- 
ing or preventing the spread of blight or deterioration in 
the City of Baltimore; 

(vi) The demolition, removal, relocation, renovation or 
alteration of land, buildings, streets, highways, alleys, 
utilities or services, and other structures or improvements, 
and for the construction, reconstruction, installation, re- 
location or repair of buildings, streets, highways, alleys, 
utilities or sendees, and other structures or improvements; 



ORDINANCES 453 

(vii) The payment of any and all costs and expenses 
incurred for or in connection with doing any or all of the 
things herein mentioned, including, but not limited to, the 
costs and exi^enses of securing administrative, appraisal, 
economic analysis, engineering, planning, designing, archi- 
tectural, surveying and other professional services; and 

(viii) Doing any and all things necessary, proper or ex- 
pedient in connection with or pertaining to any or all of 
the matters or things hereinbefore mentioned. 

All of such land or property shall be acquired, developed, 
redeveloped, renovated, rehabilitated, altered, improved, 
held or disposed of, as provided by law. 

Sec. 9. And be it further ordained, That the expenditure 
of the proceeds derived from the sale of the bonds au- 
thorized to be issued under the provisions of this Ordinance 
shall be in accordance with the provisions of the Charter of 
the Mayor and City Council of Baltimore, and by the mu- 
nicipal agency designated in the annual Ordinance of Esti- 
mates of the Mayor and City Council of Baltimore. 

Approved June 9, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 78 
(Council No. 203) 

AN ORDINANCE concerning 

BOND ISSUE— SCHOOL LOAN 

FOR the purpose of authorizing the Mayor and City Council 
of Baltimore (pursuant to Chapter 22 of the Acts of the 
General Assembly of Maryland of 1980), to issue and 
sell its certificates of indebtedness to an amount not ex- 
ceeding Five Milhon Five Hundred Thousand Dollars 
($5,500,000.00), the proceeds derived from the sale of 
the same to be used for the cost of issuance, including 



464 ORDINANCES Ord. No. 78 

the expense of engraving, printing, advertising, attorneys* 
fees, and all other incidental expenses connected there- 
with, and the remainder of such proceeds to be used for 
the acquisition, by purchase, condemnation or any other 
legal means, of land or property, or any rights therein, 
in the City of Baltimore, and constructing and erecting 
on said land or property, or on any land or property now 
or hereafter owned by the Mayor and City Council of 
Baltimore, new school buildings, athletic and other aux- 
iliary facilities, and for additions and improvements to, 
or the modernization or reconstiniction of, existing school 
buildings or facilities, and for equipment for any and 
all new facilities authorized to be constructed or erected 
by the provisions hereof, and for architectural or en- 
gineering services or surveys, and any other activities 
relating to planning for the purposes above mentioned 
or relating to planning for future projects of the same 
general character which may be constructed out of future 
loans ; conferring certain powers upon the Board of School 
Commissioners of Baltimore City and imposing certain 
conditions in connection with the expenditure of the 
proceeds derived from the sale of said certificates of in- 
debtedness; conferring and imposing upon the Board 
of Finance of Baltimore City certain powders and duties; 
authorizing the submission of this Ordinance to the legal 
voters of the City of Baltimore, for their approval or 
disapproval, at the General Election to be held in Balti- 
more City on Tuesday, the 4th day of November, 1980; 
and providing for the expenditure of the proceeds of 
sale of said certificates of indebtedness in accordance 
with the provisions of the Charter of the IMayor and City 
Council of Baltimore, and by the municipal agency desig- 
nated in the annual Ordinance of Estimates of the Mayor 
and City Council of Baltimore. 

Whereas, by Chapter 22 of the Acts of the General As- 
sembly of IManiand of 1980, the Mayor and City Council 
of Baltimore is authorized to create a debt, and to issue and 
sell its certificates of indebtedness (hereinafter called 
"bonds") as evidence thereof, to an amount not exceeding 
Five Million Five Hundred Thousand Dollars ($5,500,- 
000.00), in the manner and upon the terms set forth in 
said Act, the net cash proceeds derived from the sale of 



ORDINANCES 455 

said bonds, not exceeding the par value of said bonds, to 
be used for educational structures and other auxiliary facil- 
ities and for acquiring property for such purposes, all as 
authorized by said Act; and 

Whereas, Funds are now needed and necessary for the 
purposes mentioned in said Act; therefore 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Mayor and City Council of Balti- 
more, acting by and through the Board of Finance of said 
municipality, be and it is hereby authorized and empowered 
to issue bonds of the Mayor and City Council of Baltimore 
to an amount not exceeding Five Million Five Hundred 
Thousand Dollars ($5,500,000.00), from time to time, as 
the same may be needed or required for the purposes 
hereinafter named and said bonds shall be sold by said 
Board of Finance from time to time and at such times as 
shall be requisite, and the proceeds derived from the sale 
of said bonds shall be used for the purposes hereinafter 
named, provided that this Ordinance shall not become ef- 
fective unless it shall be approved by a majority of the 
votes of the legal voters of Baltimore City cast at the time 
and place hereinafter designated by this Ordinance. 

Sec. 2. And be it further ordained. That: 

(a) Said bonds shall be issued in denominations of not 
less than One Thousand Dollars ($1,000.00) each, but may 
be in sums of One Thousand Dollars ($1,000.00), or any 
suitable multiple thereof. 

(b) Said bonds, or any part thereof, shall be issued in 
accordance with a serial maturity plan so worked out as 
to discharge the entire principal amount represented thereby 
within not more than forty (40) years from the date of 
their issuance ; provided, however, that it shall not be neces- 
sary to provide for the maturity of any part of the prin- 
cipal amount represented by any of said bonds for the 
first five (5) years from the date of their issuance. 

(c) Said bonds, when issued, shall bear interest at such 
rate or rates as may be determined by a majority of the 
Board of Finance by resolution at such time or times when 



456 ORDINANCES Ord. No. 78 

any of said bonds are issued, and such interest shall be 
payable semi-annually. 

Sec. 3. And be it further ordained, That a majority of 
the Board of Finance of the Mayor and City Council of 
Baltimore be, and they are hereby, authorized to pass a 
resolution or resolutions, from time to time, to determine 
and set forth any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and 
City Council of Baltimore at any particular time, and from 
time to time, under and pursuant to the provisions of this 
ordinance; the date or dates when any bonds representing 
said debt, or any part thereof, are to mature, and the amount 
or amounts of said debt, or any part thereof, which shall 
mature upon the aforesaid date or dates; and the semi- 
annual dates in each year, during the entire period of time 
when any of said bonds are outstanding, when interest 
on any of said bonds shall be payable. 

(b) The form or forms of the bonds representing the 
debt, or any part thereof, authorized to be issued under 
the provisions of this ordinance at any particular time, 
including any interest coupons to be attached thereto; the 
provisions, if any, for the issuance of coupon bonds; the 
provisions, if any, for the issuance of fully registered bonds ; 
the provisions, if any, for the registration as to principal 
of any coupon bonds; and the provisions, if any, for the 
conversion and reconversion into coupon bonds of any 
fully registered bonds or coupon bonds registered as to 
principal; the place or places for the payment of principal 
and interest of said bonds ; and the date of said bonds issued 
at any particular time, and the right of redemption of said 
bonds by the City prior to maturity ; and 

(c) The time, place, manner and medium of advertise- 
ment of the readiness of the Board of Finance, acting for 
and on behalf of the Mayor and City Council of Baltimore, 
to receive bids for the purchase of the bonds authorized to 
be issued hereunder, or any part thereof; the form, terms 
and conditions of such bids: the time, place and manner 
of awarding bonds so bid for, including the right whenever 
any of the bonds authorized by this Ordinance are offered 
for sale and sold at the same time as other bonds of said 



ORDINANCES 457 

City, to establish the conditions for bids and awards and to 
award all of said bonds on an all or none basis ; and the 
time, place, terms and manner of settlement for the bonds 
so bid for. 

Sec. 4. And be it further ordained, That: 

(a) All premiums resulting from the sale of any of the 
bonds issued and sold pursuant to the provisions of this 
Ordinance shall be applied first to defray the cost of issuance 
thereof and the balance, if any, shall be applied to the 
payment of interest on any of said bonds becoming- due and 
payable during the fiscal year in which said bonds are 
issued and sold or during the next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordi- 
nance, and the bonds issued and sold pursuant thereto and 
their transfer, and the principal and interest payable thereon 
(including any profit made in the sale thereof), shall be 
and remain exempt from any and all State, county and 
municipal taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions 
of this Ordinance shall be sold at pubHc sale to the highest 
responsible bidder or bidders therefor after due notice of 
such sale, but the Mayor and City Council of Baltimore, 
acting by and through the Board of Finance thereof, shall 
have the right to reject any or all bids therefor for any 
reason and thereafter reoffer such bonds at public sale as 
aforesaid or at private sale, provided that if such bonds 
be offered at private sale they shall be offered for sale and 
sold for not less than par and accrued interest. 

Sec. 5. And be it further ordained, that until all of the 
interest on and principal of any bonds issued pursuant to 
the provisions of this Ordinance have been paid in full, 
the Mayor and City Council of Baltimore shall levy and 
impose an annual tax on each One Hundred Dollars 
($100.00) of assessable property in the City of Baltimore 
at a rate sufficient to produce revenue to pay all interest on 
and principal of all bonds theretofore issued and outstand- 
ing, payable in the next succeeding year. 

Sec. 6. And be it further ordained, That this Ordinance 
shall be submitted to the legal voters of the City of Balti- 



458 ORDINANCES Ord. No. 78 

more, for their approval or disapproval, at the General 
Election to be held in Baltimore City on Tuesday, the 4th 
day of November, 1980. 

Sec. 7. And be it further orduincd, That prior to the date 
of the election hereinbefore mentioned, notice shall be given 
to the public of the amount of money which the Mayor 
and City Council of Baltimore is authorized to borrow, and 
the general puiTX)ses for which such borrowed funds may 
be expended, under the terms and provisions of this Ordi- 
nance, and the time when the election hereinbefore men- 
tioned is to be held; and such public notice shall be given in 
such manner and by such means or through such media and 
at such time or times as may be determined, from time to 
time, by a majority of the Board of Finance. 

Sec. 8. And he it further ordained. That the actual cash 
proceeds derived from the sale of the bonds authorized to 
be issued under the provisions of this Ordinance, not ex- 
ceeding the par value thereof, shall be used exclusively 
for the following purposes, to wit : 

(a) So much thereof as may be necessary, in addition 
to the premiums realized from the sale, if any, for the cost 
of issuance, including the expense of engraving, printing, 
advertising, attorneys' fees, and all other incidental ex- 
penses connected therewith ; and 

(b) The remainder of such proceeds shall be used for the 
acquisition, by purchase, condemnation or any other legal 
means, of land or property, or any rights therein, in the 
City of Baltimore, and constructing and erecting on said 
land or property, or on any land or property now or here- 
after owned by the Mayor and City Council of Baltimore, 
new school buildings, athletic and other auxiliary facilities, 
and for additions and improvements to, or the modernization 
or reconstruction of, existing school buildings or facilities, 
and for equipment for any and all new facilities authorized 
to be constructed or erected by the provisions hereof, and 
for architectural or engineering services or surveys, and 
any other activities relating to planning for the purposes 
above mentioned or relating to planning for future pi-ojects 
of the same general character which may be constructed out 
of future loans. 



ORDINANCES 459 

Sec. 9. And he it further ordained, That in the expen- 
diture of the proceeds of sale of said bonds, the Mayor and 
City Council of Baltimore shall observe the following 
conditions : 

(a) Subject to the provisions of the Charter of Baltimore 
City relating- to the Planning- Commission, the Board of 
School Commissioners of Baltimore City shall have the 
authority to select sites for the construction of the new 
school buildings hereby authorized; 

(b) All plans and specifications for the construction or 
reconstruction of school buildings, or for additions or im- 
provements to school buildings, to be financed out of the 
proceeds derived from the sale of the bonds herein author- 
ized to be issued, shall be subject to the approval of said 
Board of School Commissioners prior to final acceptance 
of such plans and specifications, and the endorsement of 
approval by said Board of such plans and specifications 
shall be made thereon, and shall also be recorded by said 
Board in its ofl^cial minutes ; 

(c) All changes in approved plans and specifications 
which may be found necessary and expedient during the 
course of construction shall also be subject to the approval 

of the Board of School Commissioners of Baltimore City, 
and shall also be recorded by said Board in its ofl^icial 
minutes; and 

(d) No part of the proceeds derived from the sale of the 
bonds hereby authorized to be issued shall be expended 
without the approval of the Board of School Commissioners 
of Baltimore City. 

Sec. 10. And he it further ordained, That the expenditure 
of the proceeds derived from the sale of the bonds author- 
ized to be issued under the provisions of this Ordinance 
shall be in accordance with the provisions of the Charter of 
the Mayor and City Council of Baltimore, and by the 
municipal agency designated in the annual Ordinance of 
Estimates of the Mayor and City Council of Baltimore. 

Approved June 9, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



460 ORDINANCES Ord. No. 79 

No. 79 
(Council No. 205) 

AN ORDINANCE concerning 

BOND ISSUE— RESIDENTIAL ENERGY 
CONSERVATION FINANCING LOAN 

FOR the purix)se of authorizing the Mayor and City Council 
of Baltimore (pursuant to Chapter 20 of the Acts of the 
General Assembly of Maryland of 1980), to issue and sell 
its certificates of indebtedness to an amount not exceed- 
ing Three Million Dollai^s ($3,000,000.00), the proceeds 
derived from the sale of the same to be used for the 
cost of issuance, including the expense of engraving, print- 
ing, advertising, attorneys' fees, and all other incidental 
expenses connected therewith, and the remainder of such 
proceeds shall be used to make or contract to make financial 
loans to any person or other legal entity to be used for or 
in connection with the modernization or improvemient of 
buildings or structures within the boundaries of Balti- 
more City, for the purpose of promoting energ>^ con- 
servation and making said buildings or structures more 
energy efficient, which buildings or structures are to be 
used or occupied for residential puiposes; to guarantee 
or insure financial loans made by third parties to any 
person or other legal entity which are to be used for or 
in connection with the modernization or improvement 
of buildings or structures within the boundaries of Balti- 
more City, for the pui*pose of promoting energy con- 
servation and making said buildings or structures more 
energy efficient, which buildings or structures are to be 
used or occupied for residential pui-poses, and for doing 
any and all things necessary, proper or expedient in con- 
nection with or pertaining to any or all of the matters 
or things hereinbefore mentioned ; conf emng and im- 
posing upon the Board of Finance of Baltimore Citj^ cer- 
tain powers and duties; authorizing the submission of 
this Ordinance to the legal voters of the City of Balti- 
more, for their approval or disapproval, at the General 
Election to be held in Baltimore City on Tuesday, the 4th 
day of November, 1980; providing that the financial 
loans made, guaranteed or insured shall be self-support- 



ORDINANCES 461 

ing, and providing for the expenditure of the proceeds 
of said certificates of indebtedness in accordance with the 
provisions of the Charter of the Mayor and City Council 
of Baltimore, and by the municipal agency designated in 
the annual Ordinance of Estimates of the Mayor and 
City Council of Baltimore. 

Whereas, by Chapter 20 of the Acts of the General As- 
sembly of Maryland of 1980, the Mayor and City Council of 
Baltimore is authorized to create a debt and to issue and 
sell its certificates of indebtedness (hereinafter called 
"bonds") as evidence thereof, to an amount not exceeding 
Three MilHon Dollars ($3,000,000.00), in the manner and 
upon the terms set forth in said Act, the proceeds thereof, 
not exceeding the par value of said certificates of indebted- 
ness, to be used for or in connection with making, guar- 
anteeing, or insuring financial loans for the modernization 
or improvement of residential properties in Baltimore City, 
for the purpose of promoting energy conservation, as author- 
ized by said Act ; and 

Whereas, Funds are now needed for said purposes ; there- 
fore 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Mayor and City Council of Balti- 
more, acting by and through the Board of Finance of said 
municipality, be and it is hereby authorized and empow- 
ered to issue bonds of the Mayor and City Council of Balti- 
more to an amount not exceeding Three Million Dollars 
($3,000,000.00), from time to time, as the same may be 
needed or required for the pui^Doses hereinafter named 
and said bonds shall be sold by said Board of Finance from 
time to time and at such times as shall be requisite, and 
the proceeds derived from the sale of said bonds shall be 
used for the purposes hereinafter named, provided that 
this Ordinance shall not become effective unless it shall be 
approved by a majority of the votes of the legal voters of 
Baltimore City cast at the time and place hereinafter 
designated by this Ordinance. 

Sec. 2. And he it further ordained, That: 

(a) Said bonds shall be issued in denominations of not 
less than One Thousand Dollars ($1,000.00) each, but may 



462 ORDINANXES Ord. No. 79 

be in sums of One Thousand Dollars ($1,000.00), or any 
suitable multiple thereof. 

(b) Said bonds, or any part thereof, shall be issued in 
accordance with a serial maturity plan so worked out as to 
discharge the entire principal amount represented thereby 
within not more than forty (40) years from the date of 
their issuance; provided, however, that it shall not be neces- 
sary to provide for the maturity of any part of the principal 
amount represented by any of said bonds for the first five 
(5) years from the date of their issuance. 

(c) Said bonds, when issued, shall bear interest at such 
rate or rates as may be determined by a majority of the 
Board of Finance by resolution at such time or times when 
any of said bonds are issued, and such interest shall be 
payable semi-annually. 

Sec. 3. And be it further ordained, That a majority of 
the Board of Finance of the Mayor and City Council of Bal- 
timore, be, and they are herebj^ authorized to pass a reso- 
lution or resolutions, from time to time, to determine and 
set forth any or all of the following : 

(a) The amount of debt to be incurred by the Mayor and 
City Council of Baltimore at any particular time, and from 
time to time, under and pursuant to the provisions of this 
ordinance; the date or dates when any bonds representing 
said debt, or any part thereof, are to mature, and the 
amount or amounts of said debt, or any part thereof, which 
shall mature upon the aforesaid date or dates; and the 
semi-annual dates in each year, during the entire period 
of time when any of said bonds are outstanding, when 
interest on any of said bonds shall be payable. 

(b) The form or forms of the bonds representing the 
debt, or any part thereof, authorized to be issued under 
the provisions of this ordinance at any particular time, 
including any interest coupons to be attached thereto; the 
provisions, if any, for the issuance of coupon bonds; the 
provisions, if any, for the issuance of fully registered bonds ; 
the provisions, if any, for the registration as to principal 
of any coupon bonds; and the provisions, if any, for the 
conversion and reconversion into coupon bonds of any fully 
registered ))onds or coupon bonds registered as to principal ; 



ORDINANCES 463 

the place or places for the payment of principal and interest 
of said bonds; and the date of said bonds issued at any 
particular time, and the right of redemption of said bonds 
by the City prior to maturity ; and 

(c) The time, place, manner and medium of advertise- 
ment of the readiness of the Board of Finance, acting for 
and on behalf of the Mayor and City Council of Baltimore, 
to receive bids for the purchase of the bonds authorized 
to be issued hereunder, or any part thereof ; the form, terms 
and conditions of such bids; the time, place and manner of 
awarding bonds so bid for, including the right whenever 
any of the bonds authorized by this Ordinance are offered 
for sale and sold at the same time as other bonds of said 
City, to establish the conditions for bids and awards and 
to award all of said bonds on an all or none basis; and 
the time, place, terms and manner of settlement for the 
bonds so bid for. 

Sec. 4. And be it further ordained, That : 

(a) All premiums resulting from the sale of any of the 
bonds issued and sold pursuant to this Ordinance shall be 
applied first to defray the cost of issuance thereof and the 
balance, if any, shall be applied to the payment of interest 
on any of said bonds becoming due and payable during the 
fiscal year in which said bonds are issued and sold or during 
the next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordi- 
nance, and the bonds issued and sold pursuant thereto and 
their transfer, and the principal and interest payable thereon 
(including any profit made in the sale thereof), shall be 
and remain exempt from any and all State, county and 
municipal taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions 
of this Ordinance shall be sold at public sale to the highest 
responsible bidder or bidders therefor after due notice of 
such sale, but the Mayor and City Council of Baltimore, 
acting by and through the Board of Finance thereof, shall 
have the right to reject any or all bids therefor for any 
reason and thereafter reoffer such bonds at public sale as 
aforesaid or at private sale, provided that if such bonds 



4G4 ORDINANCES Ord. No. 79 

be offered at private sale they shall be offered for sale and 
sold for not less than par and accioied interest. 

Sec. 5. A72d be it further ordained, that until all of the 
interest on and principal of any bonds issued pursuant to 
the provisions of this Ordinance have been paid in full, the 
Mayor and City Council of Baltimore shall levy and impose 
an annual tax on each One Hundred Dollars ($100.00) of 
assessable property in the City of Baltimore at a rate 
sufficient to produce revenue to pay all interest on and 
principal of all bonds theretofore issued and outstanding, 
payable in the next succeeding year. 

Sec. 6. And be it further oi^dained, That this Ordinance 
shall be submitted to the legal voters of the City of Balti- 
more, for their approval or disapproval, at the General 
Election to be held in Baltimore City on Tuesday, the 4th 
day of November, 1980. 

Sec. 7. And be it further ordained, That prior to the date 
of the election hereinbefore mentioned, notice shall be given 
to the public of the amount of money which the Mayor and 
City Council of Baltimore is authorized to borrow, and the 
general purposes for which such lx)iTowed funds may be 
expended, under the tenns and provisions of this Ordi- 
nance, and the time when the election hereinbefore men- 
tioned is to be held; and such public notice shall be given 
in such manner and by such means or through such media 
and at such time or times as may be determined, from 
time to time, by a majority of the Board of Finance. 

Sec. 8. And be it further ordained. That the actual cash 
proceeds derived from the sale of the bonds authorized to 
be issued under the provisions of this Ordinance, not ex- 
ceeding the par value thereof, shall be used exclusively for 
the following purposes, to wit : 

(a) So much thereof as may be necessary, in addition 
to the premiums realized from the sale, if any, for the cost 
of issuance, including the expense of engraving, printing, 
advertising, attorneys' fees, and all other incidental ex- 
penses connected therewith ; and 



ORDINANCES 465 

(b) The remainder of such proceeds to be used to make 
or contract to make financial loans to any person or other 
legal entity to be used for or in connection with the moderni- 
zation or improvement of buildings or structures within 
the boundaries of Baltimore City, for the purpose of pro- 
moting energy conservation and making said buildings or 
structures more energy efficient, which buildings or struc- 
tures are to be used or occupied for residential purposes; 
to guarantee or insure financial loans made by third parties 
to any person or other legal entity which are to be used 
for or in connection with the modernization or improve- 
ment of buildings or structures within the boundaries of 
Baltimore City, for the purpose of promoting energy con- 
servation and making said buildings or structures more 
energy efficient, which buildings or structures are to be 
used or occupied for residential pui'poses, and for doing 
any and all things necessary, proper or expedient in con- 
nection with or pertaining to any or all of the matters or 
things hereinbefore mentioned. 

Sec. 9. And be it further ordained. That no part of the 
proceeds of sale of the bonds hereby authorized to be 
issued shall be expended until after the Board of Finance 
has determined, based upon such data as said Board of 
Finance shall require to be submitted to it to enable it to 
make such determination, that any financial loans made, 
guaranteed or insured from such proceeds, shall, in fact, 
be self-supporting. 

Sec. 10. And be it further ordained, That the expenditure 
of the proceeds derived from the sale of the bonds author- 
ized to be issued under the provisions of this Ordinance 
shall be in accordance with the provisions of the Charter 
of the Mayor and City Council of Baltimore, and by the 
municipal agency designated in the annual Ordinance of 
Estimates of the Mayor and City Council of Baltimore. 

Approved June 9, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



466 ORDINANCES OrcL No. 80 

No. 80 
(Council No. 206) 

AN ORDINANCE conceming 

BOND ISSUE— COMMUNITY 
DEVELOPMENT LOAN 

FOR the purpose of authorizing the flavor and City Coun- 
cil of Baltimore (pursuant to Chapter 18 of the Acts of 
the General Assembly of Maryland of 1980), to issue 
and sell its certificates of indebtedness to an amount not 
exceeding Sixteen Million Dollars (S16,000,000.00) the 
proceeds derived from the sale of the same to be used 
for the cost of issuance, including the expense of en- 
graving, printing, advertising, attorneys' fees, and all 
other incidental expenses connected therewith, and the 
remainder of such proceeds shall be used for or in con- 
nection with planning, developing, executing, and mak- 
ing operative the Community Development Program of 
the Mayor and City Council of Baltimore, including, but 
not limited to, the acquisition, by purchase, lease, con- 
demnation or any other legal means, of land or property, 
or any right, interest, franchise, easement or privilege 
therein, in the City of Baltimore; the payment of any 
and all costs and expenses incurred in connection with 
or incidental to the acquisition and management of said 
land or property, including any and all rights or in- 
terests therein hereinbefore mentioned; the pa\Tnent of 
any and all costs and expenses incurred for or in con- 
nection with relocating and moving persons or other 
legal entities displaced by the acquisition of said land 
or property, or any of the rights or interests therein 
hereinbefore mentioned; the development or redevelop- 
ment, including, but not limited to, the comprehensive 
renovation or rehabilitation of any land or property, or 
any rights or interests therein hereinbefore mentioned, 
in the City of Baltimore, and the disposition of land and 
property for such purix)ses ; the elimination of unhealth- 
ful, unsanitaiy or unsafe conditions, lessening density, 
eliminating obsolete or other uses detrimental to the 
public welfare or other^^^se removing or preventing the 
spread of blight or deterioration in the City of Balti- 



ORDINANCES 467 

more; the demolition, removal, relocation, renovation or 
alteration of land, buildings, streets, highways, alleys, 
utilities or services, and other structures or improve- 
ments, and for the construction, reconstruction, installa- 
tion, relocation or repair of buildings, streets, highways, 
alleys, utilities or services, and other structures or im- 
provements; the payment of any and all costs and ex- 
penses incurred for or in connection with doing any or 
all of the things herein mentioned, including, but not 
limited to, the costs and expenses of securing adminis- 
trative, appraisal, economic analysis, engineering, plan- 
ning, designing, architectural, surveying, and other pro- 
fessional sei-vices; and doing any and all things neces- 
sary, proper or expedient in connection with or pertain- 
ing to any or all of the matters or things hereinbefore 
mentioned; conferring and imposing upon the Board 
of Finance of Baltimore City certain powers and duties ; 
authorizing the submission of this Ordinance to the legal 
voters of the City of Baltimore, for their approval or 
disapproval, at the General Election to be held in Balti- 
more City on Tuesday, the 4th day of November, 1980 
and providing for the expenditure of the proceeds of 
of sale of said certificates of indebtedness in accordance 
with the provisions of the Charter of the Mayor and 
City Council of Baltimore, and by the municipal agency 
designated in the annual Ordinance of Estimates of the 
Mayor and City Council of Baltimore. 

Whereas, by Chapter 18 of the Acts of the General As- 
sembly of Maryland of 1980 the Mayor and City Council 
of Baltimore is authorized to create a debt and to issue and 
sell its certificates of indebtedness (hereinafter called 
"bonds") as evidence thereof, to an amount not exceeding 
Sixteen Million Dollars ($16,000,000.00) in the manner and 
upon the terms set forth in said Act, the proceeds thereof, 
not exceeding the par value of said certificates of indebted- 
ness, to be used for or in connection with the Community 
Development Program of the City of Baltimore; and 

Whereas, Funds are now needed for said purposes; 
therefore 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Mayor and City Council of Balti- 



468 ORDINANCES OrcL No. 80 

more, acting by and through the Board of Finance of said 
municipality, be and it is hereby authorized and empow- 
ered to issue Ixmds of the ]\Iayor and City Council of Bal- 
timoi-e to an amount not exceeding: Sixteen Million Dollars 
($16,000,000.00), from time to time, as the same may be 
needed or required for the purposes hereinafter named 
and said bonds shall be sold by said Board of Finance from 
time to time and at such times as shall be requisite, and 
the proceeds derived from the sale of said bonds shall be 
used for the purposes hereinafter named, provided that 
this Ordinance shall not become effective unless it shall be 
approved by a majority of the votes of the legal voters of 
Baltimore City cast at the time and place hereinafter 
designated by this Ordinance. 

Sec. 2. Aiid be it further ordained. That said bonds shall 
be issued in denominations of not less than One Thousand 
Dollars ($1,000.00) each, but may be in sums of One 
Thousand Dollars ($1,000.00) or^any suitable multiple 
thereof, to be redeemable in Twenty (20) yearly series on 
the fifteenth day of October in each of the years and in 
the amounts as set forth in the following schedule : 

Each of the Years Amount in each 

1986 through 2005 ^^ *^" ^^^'' 

both inclusive $800,000.00 

Said bonds, when issued, shall bear interest at such rate 
or rates as may be determined by a majority of the Board 
of Finance by resolution at such time or times when any 
of said bonds are issued, the interest to be payable semi- 
annually on the fifteenth day of April and the fifteenth 
day of October in each year after issuance, during the re- 
spective periods that the series in which said bonds are 
issued may run. 

Sec. 3. Aiid be it further ordained, That a majority of 
the Board of Finance of the Mayor and City Council of 
Baltimore be, and they are hereby, authorized to pass a 
resolution or resolutions, from time to time, to deteiTnine 
and set forth any or all of the following: 

(a) The foiTn or foiTns of the bonds representing the 
debt, or any pail thereof, authorized to be issued under 



ORDINANCES 469 

the provisions of this Ordinance at any particular time, 
including any interest coupons to be attached thereto; the 
provisions, if any, for the issuance of coupon bonds; the 
provisions, if any, for the issuance of fully registered 
bonds; the provisions, if any, for the registration as to 
principal of any coupon bonds; and the provisions, if any, 
for the conversion and reconversion into coupon bonds of 
any fully registered bonds or coupon bonds registered as 
to principal ; the place or places for the payment of prin- 
cipal and interest of said bonds ; and the date of said bonds 
issued at any particular time, and the right of redemption 
of said bonds by the City prior to maturity ; and 

(b) The time, place, manner and medium of advertise- 
ment of the readiness of the Board of Finance, acting for 
and on behalf of the Mayor and City Council of Baltimore, 
to receive bids for the purchase of the bonds authorized 
to be issued hereunder, or any part thereof; the form, 
teiTns and conditions of such bids; the time, place and 
manner of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance 
are offered for sale and sold at the same time as other 
bonds of said city, to establish the conditions for bids and 
awards and to award all of said bonds on an all or none 
basis ; and the time, place, terms and manner of settlement 
for the bonds so bid for. 

Sec. 4. And be it further ordained. That: (a) All pre- 
miums resulting from the sale of any of the bonds issued 
and sold pursuant to the provisions of this Ordinance 
shall be applied first to defray the cost of issuance thereof 
and the balance, if any, shall be applied to the payment of 
interest on any of said bonds becoming due and payable 
during the fiscal year in which said bonds are issued and 
sold or during the next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Or- 
dinance, and the bonds issued and sold pursuant thereto 
and their transfer, and the principal and interest payable 
thereon (including any profit made in the sale thereof), 
shall be and remain exempt from any and all State, county 
and municipal taxation in the State of Marj^land. 

(c) All bonds issued and sold pursuant to the provi- 
sions of this Ordinance shall be sold at public sale to the 



470 ORDINANCES Ord. No. 80 

highest responsible bidder or bidders therefor after due 
notice of such sale, but the Mayor and City Council of 
Baltimore, acting by and through the Board of Finance 
thei-eof, shall have the right to reject any or all bids there- 
for for any reason, and thereafter reoffer such bonds at 
public sale as aforesaid or at private sale, provided that 
if such bonds be offered at private sale they shall be 
offered for sale and sold for not less than par and accrued 
interest. 

Sec. 5. And be it further ordained, That until all of the 
interest on and principal of any bonds issued pursuant to 
the provisions of this Ordinance have been paid in full, the 
Mayor and City Council of Baltimore shall levy and im- 
pose an annual tax on each One Hundred Dollars ($100.00) 
of assessable property in the City of Baltimore at a rate 
sufficient to produce revenue to pay all interest on and 
principal of all bonds theretofore issued and outstanding 
or authorized to be issued and outstanding, payable in the 
next succeeding year. 

Sec. 6. And he it further ordained. That this Ordinance 
shall be submitted to the legal voters of the City of Balti- 
more, for their approval or disapproval, at the General 
Election to be held in Baltimore City, on Tuesday, the 4th 
day of November, 1980. 

Sec. 7. And he it further ordained, That prior to the 
date of the election hereinbefore mentioned, notice shall be 
given to the public of the amount of money which the 
Mayor and City Council of Baltimore is authorized to bor- 
row, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions 
of this Ordinance, and the time when the election herein- 
before mentioned is to be held; and such public notice 
shall be given in such manner and by such means or 
through such media and at such time or times as may be 
determined, from time to time, by a majority of the Board 
of Finance. 

Sec. 8. And he it further ordained. That the actual cash 
proceeds derived from the sale of the bonds authorized to 
be issued under the provisions of this Ordinance, not ex- 



ORDINANCES 471 

ceeding the par value thereof, shall be used exclusively 
for the following- purposes, to wit: 

(a) So much thereof as may be necessary, in addition 
to the premiums realized from the sale, if any, for the 
cost of issuance, including: the expense of engraving-, print- 
ing, advertising, attorneys* fees, and all other incidental 
expenses connected therewith; and 

(b) The remainder of such proceeds shall be used for 
or in connection with planning, developing, executing and 
making operative the Community Development Program 
of the Mayor and City Council of Baltimore, including, 
but not limited to: 

(i) The acquisition, by purchase, lease, condemnation, 
or any other legal means, of land or property, or any right, 
interest, franchise, easement or privilege therein, in the 
City of Baltimore; 

(ii) The payment of any and all costs and expenses 
incurred in connection with or incidental to the acquisition 
and management of said land or property, including any 
and all rights or interests therein hereinbefore mentioned ; 

(iii) The payment of any and all costs and expenses 
incurred for or in connection with relocating and moving 
persons or other legal entities displaced by the acquisition 
of said land or property, or any of the rights or interests 
therein hereinbefore mentioned ; 

(iv) The development or redevelopment, including, but 
not limited to, the comprehensive renovation or rehabili- 
tation of any land or property, or any rights or interests 
therein hereinbefore mentioned in the City of Baltimore 
and the disposition of land and property for such purposes ; 

(v) The elimination of unhealthful, unsanitary or un- 
safe conditions, lessening density, eliminating obsolete or 
other uses detrimental to the public welfare or otherwise 
removing or preventing the spread of blight or deteriora- 
tion in the City of Baltimore ; 

(vi) The demolition, removal, relocation, renovation or 
alteration of land, buildings, streets, highways, alleys, utili- 
ties or services, and other structures or improvements, and 



472 ORDINANCES Ord. No. 81 

for the construction, reconstruction, installation, relocation 
or repair of buildings, streets, hig"hways, alleys, utilities or 
services, and other structures or improvements ; 

(vii) The payment of any and all costs and expenses 
incurred for or in connection with doing any or all of the 
things herein mentioned, including, but not limited to, the 
costs and expenses of securing administrative, appraisal, 
economic analysis, engineering, planning, designing, archi- 
tectural, surveying, and other professional services; and 

(viii) Doing any and all things necessary, proper or 
expedient in connection with or pertaining to any or all of 
the matters or things hereinbefore mentioned. 

All of such land or property shall be acquired, developed, 
redeveloped, renovated, rehabilitated, altered, improved, 
held or disposed of, as provided by law. 

Sec. 9. And he it further ordained, That the expenditure 
of the proceeds derived from the sale of the bonds au- 
thorized to be issued under the provisions of this Ordinance 
shall be in accordance with the provisions of the Charter 
of the Mayor and City Council of Baltimore, and by the 
municipal agency designated in the annual Ordinance of 
Estimates of the Mayor and City Council of Baltimore. 

Approved June 9, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 81 
(Council No. 207) 

AN ORDINANCE concerning 

BOND ISSUE— OFF-STREET PARKING LOAN 

FOR the purpose of authorizing the Mayor and City Coun- 
cil of Baltimore (pursuant to Chapter 16 of the Acts of 
the General Assembly of Maryland of 1980), to issue and 
sell its certificates of indebtedness to an amount not 



ORDINANCES 473 

exceeding Three Million Dollars ($3,000,000.00), the pro- 
ceeds derived from the sale of the same to be used for the 
cost of issuance, including the expense of engraving, 
printing, advertising, attorneys' fees, and all other in- 
cidental expenses connected therewith, and the re- 
mainder of such proceeds shall be used for the ac- 
quisition, by purchase, lease, condemnation or any other 
legal means, of land or property, or any rights or in- 
terests therein, in the City of Baltimore, and for develop- 
ing, establishing, constructing, erecting, altering, expand- 
ing, enlarging, improving and equipping buildings, struc- 
tures and other facilities on, under or in said land or 
property, or on, under or in any land or property that is 
now or hereafter may be owned or otherwise held or con- 
trolled by the Mayor and City Council of Baltimore, or 
on, under or in any land or property owned or othenvise 
held or controlled by any private, public or quasi-public 
corporation, partnership, association, person or other 
legal entity, for storing, parking and servicing self- 
propelled vehicles, and for the pajTuent of any and all 
necessary or proper costs and expenses connected with, 
or incident to doing any and all of the aforegoing acts 
or things ; and such proceeds may be used for any or all 
of the matters or things hereinbefore mentioned in con- 
nection with an undergi^ound structure or facility for 
storing, parking and servicing self-propelled vehicles 
(hereafter called ''parking facility") where another 
building, structure or facility (hereafter called ''addi- 
tional structure") is to be or may be established, con- 
structed or erected in whole or in part above, under, in 
connection with or adjacent to a parking facility, pro- 
vided that none of such proceeds shall be used for or in 
connection with the construction or erection of such ad- 
ditional structure, or any part thereof, or for strength- 
ening or adding to a parking facility in any manner 
necessitated by or in connection with the construction or 
erection of such additional structure; provided, no 
petroleum products shall be sold or offered for sale at 
any entrance to, or exit from, any land so acquired or at 
any entrance to, or exit from, any structure erected there- 
on, when any entrance to, or exit from, any such land or 
structure faces a street or highw^ay which is more than 



474 ORDINANCES Ord. No. 81 

25 feet wide fi-om curb to curb; conferring certain power 
and authority upon the Off-Street Parking Commission of 
Baltimore City; providing certain conditions which must 
be complied with before the proceeds of the said cer- 
tificates of indebtedness may be expended; conferring 
and imposing upon the Board of Finance and the Off- 
Street Parking Commission of Baltimore City certain 
powers and duties ; authorizing the submission of this 
Ordinance to the legal voters of the City of Baltimore, 
for their approval or disapproval, at the General Election 
to be held in Baltimore City on Tuesday, the 4th day of 
November, 1980; providing that the financial loans made, 
guaranteed or insured shall be self-supporting, and pro- 
viding for the expenditure of the proceeds of said certif- 
icates of indebtedness in accordance with the provisions 
of the Charter of the Mayor and City Council of Balti- 
more, and by the municipal agency designated in the 
annual Ordinance of Estimates of the Mayor and City 
Council of Baltimore. 

Whereas, by Chapter 16 of the Acts of the General As- 
sembly of Maryland of 1980, the Mayor and City Council 
of Baltimore is authorized to create a debt and to issue and 
sell its certificates of indebtedness (hereinafter called 
"bonds") as evidence thereof, to an amount not exceeding 
Three Million Dollars ($3,000,000.00), in the manner 
and upon the terms set forth in said Act, the proceeds 
thereof, not exceeding the par value of said certificates of 
indebtedness, to be used for the establishment of facilities 
for storing, parking, and servicing self-propelled vehicles, 
as authorized by said Act ; and 

Whereas, Funds are now needed for said pui-poses; 
therefore 

Section 1. Be it ordained by the Maijor and City Council 
of Baltimon . That the Mayor and City Council of Balti- 
more, acting by and through the Board of Finance of said 
municipality, be and it is hereby authorized and empowered 
to issue bonds of the Mayor and City Council of Baltimore 
to an amount not exceeding Three Million Dollars ($3,000,- 
000.00). from time to time, as the same may be needed or 
required for the purposes hereinafter named and said 



ORDINANCES 475 

bonds shall be sold by said Board of Finance from time 
tx) time and at such times as shall be requisite, and the pro- 
ceeds derived from the sale of said bonds shall be used for 
the purposes hereinafter named, provided that this Ordi- 
nance shall not become effective unless it shall be approved 
by a majority of the votes of the legal voters of Balti- 
more City cast at the time and place hereinafter designated 
by this Ordinance. 

Sec. 2. And he it further ordained, That : 

(a) Said bonds shall be issued in denominations of not 
less than One Thousand Dollars ($1,000.00) each, but may 
be in sums of One Thousand Dollars ($1,000.00), or any 
suitable multiple thereof. 

(b) Said bonds, or any part thereof, shall be issued in 
accordance with a serial maturity plan so worked out as 
to discharge the entire principal amount represented there- 
by within not more than forty (40) years from the date 
of their issuance; provided, however, that it shall not be 
necessaiy to provide for the maturity of any part of the 
principal amount represented by any of said bonds for the 
first five (5) years from the date of their issuance. 

(c) Said bonds, when issued, shall bear interest at such 
rate or rates as may be determined by a majority of the 
Board of Finance by resolution at such time or times when 
any of said bonds are issued, and such interest shall be 
payable semi-annually. 

Sec. 3. And be it further ordained, That a majority 
of the Board of Finance of the Mayor and City Council 
of Baltimore be, and they are hereby, authorized to pass a 
resolution or resolutions, from time to time, to determine 
and set forth any or all of the following : 

(a) The amount of debt to be incurred by the Mayor 
and City Council of Baltimore at any particular time, and 
from time to time, under and pursuant to the provisions 
of this ordinance; the date or dates when any bonds rep- 
resenting said debt, or any part thereof, are to mature, 
and the amount or amounts of said debt, or any part 
thereof, which shall mature upon the aforesaid date or 



476 ORDINANCES Ord. No. 81 

dates; and the semi-annual dates in each year, during 
the entire period of time when any of said bonds are 
outstan diner, when interest on any of said bonds shall be 
payable. 

(b) The form or fonns of the bonds representing the 
debt, or any part thereof, authorized to be issued under the 
provisions of this ordinance at any particular time, includ- 
ing any interest coupons to be attached thereto; the pro- 
visions, if any, for the issuance of couix)n bonds; the pro- 
visions, if any, for the issuance of fully registered bonds; 
the provisions, if any, for the registration as to principal of 
any coupon bonds ; and the provisions, if any, for the con- 
version and reconversion into coupon bonds of any fully 
registered bonds or coupon bonds registered as to principal ; 
the place or places for the payment of principal and 
interest of said bonds; and the date of said bonds issued 
at any particular time, and the right of redemption of said 
bonds by the City prior to maturity ; and 

(c) The time, place, manner and medium of advertise- 
ment of the readiness of the Board of Finance, acting for 
and on behalf of the Mayor and City Council of Baltimore, 
to receive bids for the purchase of the bonds authorized to 
be issued hereunder, or any part thereof; the form, terms 
and conditions of such bids ; the time, place and manner of 
awarding bonds so bid for, including the right whenever 
any of the bonds authorized by this Ordinance are offered 
for sale and sold at the same time as other bonds of said 
City, to establish the conditions for bids and awards and to 
award all of said bonds on an all or none basis ; and the 
time, place, temis and manner of settlement for the bonds 
so bid for. 

Sec. 4. And be it further ordained. That : 

(a) All premiums resulting from the sale of any of 
the bonds issued and sold pursuant to the provisions of 
this Ordinance shall be applied first to defray the cost of 
issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming 
due and payable during the fiscal year in which said bonds 
are issued and sold or during the next succeeding fiscal 
year. 



ORDINANCES 477 

(b) The debt authorized by the provisions of this Ordi- 
nance, and the bonds issued and sold pursuant thereto and 
their transfer, and the principal and interest payable there- 
on (includinof any profit made in the sale thereof), shall be 
and remain exempt from any and all State, county and 
municipal taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions 
of this Ordinance shall be sold at public sale to the highest 
responsible bidder or bidders therefor after due notice of 
such sale, but the Mayor and City Council of Baltimore, 
acting by and through the Board of Finance thereof, shall 
have the right to reject any or all bids therefor for any 
reason and thereafter reoffer such bonds at public sale as 
aforesaid or at private sale, provided that if such bonds 
be offered at private sale they shall be offered for sale 
and sold for not less than par and accrued interest. 

Sec. 5. Ayid be it further ordained, that until all of the 
interest on and principal of any bonds issued pursuant to 
the provisions of this Ordinance have been paid in full, the 
Mayor and City Council of Baltimore shall levy and impose 
an annual tax on each One Hundred Dollars ($100.00) of 
assessable property in the City of Baltimore at a rate 
sufficient to produce revenue to pay all interest on and 
principal of all bonds theretofore issued and outstanding, 
payable in the next succeeding year. 

Sec. 6. And be it further ordained, That this Ordinance 
shall be submitted to the legal voters of the City of Bal- 
timore, for their approval or disapproval, at the General 
Election to be held in Baltimore City on Tuesday, the 4th 
day of November, 1980. 

Sec. 7. And be it further ordained, That prior to the date 
of the election hereinbefore mentioned, notice shall be 
given to the public of the amount of money which the 
Mayor and City Council of Baltimore is authorized to 
borrow, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of 
this Ordinance, and the time when the election hereinbefore 
mentioned is to be held; and such public notice shall be 
given in such manner and by such means or through such 



478 ORDINANCES Ord. No. 81 

media and at such time or times as may be determined, 
from time to time, by a majority of the Board of Finance. 

Sec. 8. And be it further ordained, That the actual cash 
proceeds derived from the sale of the bonds authorized to 
be issued under the provisions of this Ordinance, not ex- 
ceeding the par value thereof, shall be used exclusively for 
the following pu imposes, to wit : 

(a) So much thereof as may be necessary, in addition to 
the premiums realized from the sale, if any, for the cost of 
issuance, including the expense of engraving, printing, 
advertising, attorneys' fees, and all other incidental ex- 
penses connected therewith ; and 

(b) The remainder of such proceeds shall be used for 
the acquisition, by purchase, lease, condemnation, or any 
other legal means, of land or property, or any rights or 
interests therein, in the City of Baltimore, and for develop- 
ing, establishing, constructing, erecting, altering, expand- 
ing, enlarging, improving and equipping buildings, struc- 
tures and other facilities on, under or in said land or prop- 
erty, or on, under or in any land or property that is now or 
hereafter may be owned, or othenvise held or controlled by 
the Mayor and City Council of Baltimore, or on, under or 
in any land or property owned or othenvise held or con- 
trolled by any private, public or quasi-public corporation, 
partnership, association, person or other legal entity, for 
storing, parking and servicing self-propelled vehicles, and 
for the pajTnent of any and all necessary or proper costs 
and expenses connected with, or incident to doing any or 
all of the aforegoing acts or things ; and such proceeds may 
be used for any or all of the matters or things hereinbefore 
mentioned in connection \nth an underground structure or 
facility for storing, parking and servicing self-propelled 
vehicles (hereafter called "parking facility") where 
another building, structure, or facility (hereafter called 
"additional structure") is to be or may be established, 
constructed or erected in whole or in part above, under, in 
connection with or adjacent to a parking facility, pro- 
vided that none of such proceeds shall be used for or in 
connection with the construction or erection of such ad- 
ditional structure, or any part thereof, or for strengthen- 



ORDINANCES 479 

ing or adding to a parking facility in any manner neces- 
sitated by or in connection with the construction or erection 
of such additional structure; provided, no petroleum 
products shall be sold or offered for sale at any entrance 
to, or exit from, any land so acquired or at any entrance 
to, or exit from, any structure erected thereon, when any 
entrance to, or exit from, any such land or structure faces 
a street or highway which is more than 25 feet wide from 
curb to curb. 

Sec. 9. And he it fuHher ordained, That no part of the 
proceeds of sale of the bonds hereby authorized to be is- 
sued shall be expended until after the Board of Finance 
has deteiTnined, based upon such data as said Board of 
Finance shall require to be submitted to it to enable it to 
make such determination, that any financial loans made, 
guaranteed or insured from such proceeds, shall, in fact, be 
self-supporting. 

Sec. 10. And he it further ordained, That: 

(a) No part of the proceeds of sale of the bonds hereby 
authorized to be issued shall be expended until after the 
Off -Street Parking Commission of Baltimore City has sub- 
mitted its written recommendation, which shall set forth 
the puiT>oses for, and the terms and conditions upon, which 
each particular sum of money is to be expended, to the 
Board of Estimates of the Mayor and City Council of 
Baltimore and such recommendation has been approved by 
said Board of Estimates. 

(b) In addition, no part of the proceeds of sale of the 
bonds hereby authorized to be issued shall be expended 
for actually constructing, erecting, altering, expanding, 
enlarging, improving or equipping any building, structure 
or facility on, under or in any land or property, owned or 
otherwise held or controlled by any private, public or quasi- 
public corporation, partnership, association, person or other 
legal entity, for storing, parking and servicing self-pro- 
pelled vehicles (as distinguished from funds which are 
necessary to be expended in connection with the acquisition 
of land or property or the preparation of plans or other 
matters or things which are usually and generally prelimi- 



480 ORDINANCES Ord. No. 81 

nary to the commencement of actual construction work) 
until after the municipal corporation, with the approval 
of its Board of Estimates, shall have entered into a binding 
contract with any such private, public or quasi-public cor- 
poration, partnership, association, person or other legal 
entity secured to the satisfaction of the said Board of Esti- 
mates, under the tenns of which the Mayor and City Coun- 
cil of Baltimore will be reimbui'sed for at least all expendi- 
tures of money made by it in connection with the particular 
project involved, and for all interest charges paid or to be 
paid by the Mayor and City Council of Baltimore on all 
funds borrowed by it and expended in connection with 
the particular project involved, and for all estimated real 
estate taxes that the Mayor and City Council of Baltimore 
will lose as a result of its acquiring any land or property 
involved in the particular project. Any such contract, after 
it has been executed on behalf of the Mayor and City Coun- 
cil of Baltimore City by the Mayor of Baltimore City and 
the corporate seal of the municipality affixed thereto duly 
attested by the Custodian of the Seal of the municipality 
and approved by the said Board of Estimates, shall consti- 
tute a legal and binding obligation of the Mayor and City 
Council of Baltimore. 

(c) In case any land or property now or hereafter owned 
by the Mayor and City Council of Baltimore is sold by it 
to any legal entity for the purpose of establishing and con- 
structing on, under or in said land or property any struc- 
ture or facility contemplated by the provisions of this ordi- 
nance, then the purchaser of said land or property shall 
pay to the municipality at least an amount of money equal 
to the full appraised value of said land or property, and in 
case any such land or property is leased by the municipality 
to any legal entity for any of the purix)ses hereinbefore 
mentioned, then the lessee shall pay annually to the mu- 
nicipality an amount of money equal to the reasonable 
rental value of said land or proi>erty. In the event any such 
land or property is sold by the municipality as aforesaid 
and such land or property is then reconveyed back to the 
municipality as security for any loan made by the mu- 
nicipality to the purchaser under the provisions of this 
ordinance, then such purchaser shall pay annually to the 
municipality in lieu of taxes a tax equivalent charge on 



ORDINANCES 481 

such land or proi^erty on the basis of the then prevailing 
tax assessment on the land and improvements and calcu- 
lated at the City and State tax rates then in effect, in ac- 
cordance with the policy of the Board of Estimates of the 
municipality. All pajinents made in lieu of taxes shall be 
made when real estate taxes of the municipality ordinarily 
become due and payable. 

Sec. 11. Aiid be it further ordained, That the expenditure 
of the proceeds derived from the sale of the bonds author- 
ized to be issued under the provisions of this Ordinance 
shall be in accordance with the provisions of the Charter 
of the Mayor and City Council of Baltimore, and by the 
municipal agency designated in the annual Ordinance of 
Estimates of the Mayor and City Council of Baltimore. 

Approved June 9, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 82 
(Council No. 208) 

AN ORDINANCE concerning 

BOND ISSUE— SEWER AND DRAIN LOAN 

FOR the purpose of authorizing the Mayor and City Coun- 
cil of Baltimore (pursuant to Chapter 13 of the Acts of 
the General Assembly of Maryland of 1980), to issue and 
sell its certificates of indebtedness to an amount not 
exceeding Eight Million Five Hundred Thousand Dollars 
($8,500,000.00), the proceeds derived from the sale of 
the same to be used for the cost of issuance, including 
the expense of engraving, printing, advertising, attor- 
neys' fees, and other incidental expenses connected there- 
with, and the remainder of such proceeds shall be used 
for the purpose of enlarging, extending, altering, mod- 
ernizing, and improving the sanitary sewerage, stonn 
water drainage, and stream valley systems of Baltimore 
City, including, but not limited to, the construction of 



482 ORDINANCES Ord. No. 82 

additional se\vag"e disposal plants, pumping stations and 
other appurtenances, the alteration, enlargement, mod- 
ernization and improvement of existing sewage disposal 
plants, pumping stations and other appurtenances, and 
the acquisition by purchase or condemnation of any and 
all sanitary and storm water sewers, sewage disposal 
plants, pumping stations and other appurtenances, as 
well as of any and all land and property, and of any 
right, interest, franchise, easement or privilege therein, 
as may be necessary for any or all of the above men- 
tioned purposes, and doing any and all things necessary, 
proper or expedient in connection with or pertaining 
to any or all of the matters or things hereinbefore men- 
tioned; and any or all of said work or acquisition of 
property may be done either within or outside of the 
boundary lines of Baltimore City; providing, however, 
that no part of such proceeds shall be used to pay costs 
not directly related to and required for the acquisition, 
construction or completion of a specific physical im- 
provement and the initial equipping thereof ; it being the 
intent of this provision to limit the use of such proceeds 
to capital expenditures and to prohibit their use for 
current expenses of the City; conferring and imposing 
upon the Board of Finance of Baltimore City certain 
powers and duties; authorizing the submission of this 
Ordinance to the legal voters of the City of Baltimore, 
for their approval or disapproval, at the General Election 
to be held in Baltimore City on Tuesday, the 4th day of 
November, 1980; and providing for the expenditure of 
the proceeds of sale of said certificates of indebtedness 
in accordance with the provisions of the Charter of the 
Mayor and City Council of Baltimore, and by the mu- 
nicipal agency designated in the annual Ordinance of 
Estimates of the Mayor and City Council of Baltimore. 

Whereas, by Chapter 13 of the Acts of the General 
Assembly of Maiyland of 1980, the Mayor and City Coun- 
cil of Baltimore is authorized to create a debt and to issue 
and sell its certificates of indebtedness (hereinafter called 
^'bonds'') as evidence thereof, to an amount not exceeding 
Eight Million Five Hundred Thousand Dollars ($8,500,- 
000.00) in the manner and upon the terms as set forth in 
said Act, the net proceeds derived from the sale of said 



ORDINANCES 483 

bonds, not exceeding the par value of said bonds, to be 
used for and in connection with the sanitary sewerage, 
stoiTn water drainage, and stream valley systems of Bal- 
timore City as authorized by said Act; and 

Whereas, Funds are now needed for said purposes; 
therefore 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Mayor and City Council of Balti- 
more, acting by and through the Board of Finance of said 
municipality, be and it is hereby authorized and empow- 
ered to issue bonds of the Mayor and City Council of Bal- 
timore to an amount not exceeding Eight Million Five 
Hundred Thousand Dollars ($8,500,000.00), from time to 
time, as the same may be needed or required for the pur- 
poses hereinafter named and said bonds shall be sold by 
said Board of Finance from time to time and at such times 
as shall be requisite, and the proceeds derived from the said 
bonds shall be used for the purposes hereinafter named, 
provided that this ordinance shall not become effective 
unless it shall be approved by the majority of the votes 
of the legal voters of Baltimore City cast at the time and 
place hereinafter designated by this ordinance. 

Sec. 2. And be it further ordained. That: 

(a) Said bonds shall be issued in denominations of not 
less than One Thousand Dollars ($1,000.00) each, but may 
be in sums of One Thousand Dollars ($1,000.00), or any 
suitable multiple thereof. 

(b) Said bonds, or any part thereof, shall be issued in 
accordance with a serial maturity plan so worked out as to 
discharge the entire principal amount represented thereby 
within not more than forty (40) years from the date of 
their issuance; provided, however, that it shall not be 
necessary to provide for the maturity of any part of the 
principal amount represented by any of said bonds for the 
first five (5) years from the date of their issuance. 

(c) Said bonds, when issued, shall bear interest at such 
rate or rates as may be determined by a majority of the 
Board of Finance by resolution at such time or times when 



484 ORDINANCES Ord. No. 82 

any of said bonds are issued, and such interest shall be 
payable semi-annually. 

Sec. 3. And be it further ordained, That a majority of 
the Board of Finance of the Mayor and City Council of 
Baltimore be, and they ai*e hereby, authorized to pass a 
resolution or resolutions, from time to time, to determine 
and set forth any or all of the following: 

(a) The amount of debt to be incurred by the Mayor 
and City Council of Baltimore at any particular time, and 
from time to time, under and pursuant to the provisions 
of this ordinance; the date or dates when any bonds repre- 
senting said debt, or any part thereof, are to mature, and 
the amount or amounts of said debt, or any part thereof, 
which shall mature upon the aforesaid date or dates ; and 
the semi-annual dates in each year, during the entire period 
of time when any of said bonds are outstanding, when 
interest on any of said bonds shall be payable. 

(b) The form or fonns of the bonds representing the 
debt, or any part thereof, authorized to be issued under 
the provisions of this ordinance at any particular time, 
including any interest coupons to be attached thereto; the 
provisions, if any, for the issuance of coupon bonds; the 
provisions, if any, for the issuance of fully registered 
bonds; the provisions, if any, for the registration as to 
principal of any coupon bonds ; and the provisions, if any, 
for the conversion and reconversion into coupon bonds of 
any fully registered bonds or coupon bonds registered as 
to principal ; the place or places for the pa\Tnent of prin- 
cipal and interest of said bonds ; and the date of said bonds 
issued at any particular time, and the right of redemption 
of said bonds by the City prior to maturity; and 

(c) The time, place, manner and medium of advertise- 
ment of the readiness of the Board of Finance, acting for 
and on behalf of the ]\Iayor and City Council of Baltimore, 
to receive bids for the purchase of the bonds authorized to 
be issued hereunder, or any part thereof; the form, terms 
and conditions of such bids: the time, place and manner 
of awarding bonds so bid for, including the right when- 
ever any of the bonds authorized by this Ordinance are 
offered for sale and sold at the same time as other bonds 



ORDINANCES 485 

of said City, to establish the conditions for bids and awards 
and to award all of said bonds on an all or none basis; 
and the time, place, terms and manner of settlement for 
the bonds so bid for. 

Sec. 4. And be it further ordained, That: (a) All pre- 
miums resulting from the sale of any of the bonds issued 
and sold pursuant to the provisions of this Ordinance shall 
be applied first to defray the cost of issuance thereof and 
the balance, if any, shall be applied to the payment of 
interest on any of said bonds becoming due and payable 
during the fiscal year in which said bonds are issued and 
sold or during the next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Or- 
dinance, and the bonds issued and sold pursuant thereto 
and their transfer, and the principal and interest payable 
thereon (including any profit made in the sale thereof), 
shall be and remain exempt from any and all State, county 
and municipal taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provi- 
sions of this Ordinance shall be sold at public sale to the 
highest responsible bidder or bidders therefor after due 
notice of such sale, but the Mayor and City Council of 
Baltimore, acting by and through the Board of Finance 
thereof, shall have the right to reject any or all bids 
therefor for any reason, and thereafter reoffer such bonds 
at public sale as aforesaid or at private sale, provided 
that if such bonds be offered at private sale they shall be 
offered for sale and sold for not less than par and accrued 
interest. 

Sec. 5. Aiid he it further ordained, That until all of the 
interest on and principal of any bonds issued pursuant to 
the provisions of this Ordinance have been paid in full the 
Mayor and City Council of Baltimore shall levy and im- 
pose an annual tax on each One Hundred Dollars ($100.00) 
of assessable property in the City of Baltimore at a rate 
sufficient to produce revenue to pay all interest on and 
principal of all bonds theretofore issued and outstanding 
or authorized to be issued and outstanding, payable in the 
next succeeding year. 



486 ORDINANCES Ord. No. 82 

Sec. 6. And be it further ordmned. That this Ordinance 
shall be submitted to the legal voters of the City of Balti- 
more, for their approval or disapproval at the General 
Election to be held in Baltimore City on Tuesday, the 4th 
day of November, 1980. 

Sec. 7. And he it further ordained. That prior to the 
date of the election hereinbefore mentioned, notice shall 
be given to the public of the amount of money which the 
Mayor and City Council of Baltimore is authorized to 
borrow, and the general purposes for which such bor- 
rowed funds may be expended, under the terais and pro- 
visions of this Ordinance, and the time when the election 
hereinbefore mentioned is to be held; and such public 
notice shall be given in such manner and by such means 
or through such media and at such time or times as may 
be deteiTuined, from time to time, by a majority of the 
Board of Finance. 

Sec. 8. And be if fvrther ordained. That the actual 
cash proceeds derived from the sale of the bonds au- 
thorized to be issued under the provisions of this Ordi- 
nance, not exceeding the par value thereof, shall be used 
exclusively for the following puiiDoses, to wit: 

(a) So much thereof as may be necessaiy in addition 
to the premiums realized from the sale, if any, for the 
cost of issuance, including the expense of engraving, print- 
ing, advertising, attorneys' fees and all other incidental 
expenses connected therewith ; and 

(b) The remainder of such proceeds shall be used for 
the purpose of enlarging, extending, altering, moderniz- 
ing, and improving the sanitary sewerage, storm water 
drainage, and stream valley systems of Baltimore City, in- 
cluding, but not limited to, the construction of additional 
sewage disposal plants, pumping stations and other ap- 
purtenances, the alteration, enlargement, modernization 
and improvement of existing sewage disposal plants, pump- 
ing stations and other appurtenances, and the acquisition 
by purchase or condemnation of any and all sanitary and 
storm water sewers, sewage disposal plants, pumping sta- 
tions and other appurtenances, as well as of any and all 
land and property, and of any right, interest, franchise, 



ORDINANCES 487 

easement or privilege therein, as may be necessary for any 
or all of the above mentioned purposes, and doing any and 
all things necessary, proper or expedient in connection 
^\^th or peii:aining to any or all of the matters or things 
hereinbefore mentioned, and any or all of said work or 
acquisition of property may be done either within or out- 
side of the boundary lines of Baltimore City; providing, 
however, that no paii: of such proceeds shall be used to 
pay costs not directly related to and required for the ac- 
quisition, construction or completion of a specific physical 
improvement and the initial equipping thereof ; it being the 
intent of this provision to limit the use of such proceeds 
to capital expenditures and to prohibit their use for current 
expenses of the City. 

Sec. 9. And be it further ordained, That the expenditure 
of the proceeds derived from the sale of the bonds au- 
thorized to be issued under the provisions of this Ordi- 
nance shall be in accordance \vith the provisions of the 
Charter of the Mayor and City Council of Baltimore, and 
by the municipal agency designated in the annual Ordi- 
nance of Estimates of the Mayor and City Council of 
Baltimore. 

Approved June 9, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 83 

(Council No. 209) 

AN ORDINANCE concerning 

BOND ISSUE— INDUSTRIAL FINANCING LOAN 

FOR the purpose of authorizing the Mayor and City Council 
of Baltimore (pursuant to Chapter 14 of the Acts of 
the General Assembly of Maryland of 1980), to issue 
and sell its certificates of indebtedness to an amount 
not exceeding Three Million Dollars ($3,000,000.00), the 
proceeds derived from the sale of the same to be used 



488 ORDINANCES Ord. No. 83 

for the cost of issuance, including the expense of en- 
graving, printing, advertising, attorneys' fees, and all 
other incidental expenses connected therewith, and the 
remainder of such proceeds shall be used to make or 
contract to make financial loans to any person or other 
legal entity to be used for or in connection with the 
purchase, acquisition, construction, reconstruction, erec- 
tion, development, redevelopment, rehabilitation, renova- 
tion, modernization or improvement of buildings or struc- 
tures, including any land necessary therefor, within the 
boundaries of Baltimore City, which buildings or struc- 
tures are to be used or occupied for industrial puiTX)ses; 
to guarantee or insure financial loans made by third 
parties to any person or other legal entity which are to 
be used for or in connection with the purchase, acquisi- 
tion, construction, reconstruction, erection, development, 
redevelopment, rehabilitation, renovation, modernization 
or improvement of buildings or structures, including any 
land necessary therefor, within the boundaries of Balti- 
more City, which buildings or structures are to be used 
or occupied for industrial purposes, and for doing any 
and all things necessary, proper or expedient in connec- 
tion with or pertaining to any or all of the matters or 
things hereinbefore mentioned; conferring and imposing 
upon the Board of Finance of Baltimore City certain 
powers and duties; authorizing the submission of this 
ordinance to the legal voters of the City of Baltimore, 
for their approval or disapproval, at the General Election 
to be held in Baltimore City on Tuesday, the 4th day of 
November, 1980; providing that the financial loans made, 
guaranteed or insured shall be self-supporting, and pro- 
viding for the expenditure of the proceeds of said cer- 
tificates of indebtedness in accDrdance with the provi- 
sions of the Charter of the Mayor and City Council of 
Baltimore, and by the municipal agency designated in 
the annual Ordinance of Estimates of the Mayor and 
City Council of Baltimore. 

Whereas, by Chapter 14 of the Acts of the General 
Assembly of Maryland of 1980, the Mayor and City Council 
of Baltimore is authorized to create a debt and to issue 
and sell its certificates of indebtedness (hereinafter called 
"bonds") as evidence thereof, to an amount not exceeding 



ORDINANCES 489 

Three Million Dollars ($3,000,000.00), in the manner and 
upon the terms set forth in said Act, the proceeds thereof, 
not exceeding the par value of said certificates of indebted- 
ness, to be used for or in connection with making, guaran- 
teeing, or insuring financial loans for purchasing, acquiring, 
constructing, reconstructing, erecting, developing, redevel- 
oping, rehabilitating, renovating, modeniizing or improving 
industrial properties in Baltimore City, as authorized by- 
said Act; and 

Whereas, Funds are now needed for said purposes; 
therefore 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Mayor and City Council of Balti- 
more, acting by and through the Board of Finance of 
said municipality, be and it is hereby authorized and em- 
powered to issue bonds of the Mayor and City Council of 
Baltimore to an amount not exceeding Three Million Dol- 
lars ($3,000,000.00), from time to time, as the same may 
be needed or required for the purposes hereinafter named 
and said bonds shall be sold by said Board of Finance from 
time to time and at such times as shall be requisite, and 
the proceeds derived from the sale of said bonds shall be 
used for the purposes hereinafter named, provided that 
this Ordinance shall not become effective unless it shall be 
approved by a majority of the votes of the legal voters of 
Baltimore City cast at the time and place hereinafter desig- 
nated by this Ordinance. 

Sec. 2. And be it further ordained, That: 

(a) Said bonds shall be issued in denominations of not 
less than One Thousand Dollars ($1,000.00) each, but may 
be in sums of One Thousand Dollars ($1,000.00), or any 
suitable multiple thereof. 

(b) Said bonds, or any part thereof, shall be issued in 
accordance with a serial maturity plan so worked out as 
to discharge the entire principal amount represented thereby 
within not more than foi-ty (40) years from the date of 
their issuance; provided, however, that it shall not be 
necessary to provide for the maturity of any part of the 



490 ORDINANCES Ord. No. 83 

principal amount represented by any of said bonds for 
the first five (5) years from the date of their issuance. 

(c) Said bonds, when issued, shall bear interest at such 
rate or rates as may be determined by a majority of the 
Board of Finance by resolution at such time or times when 
any of said bonds are issued, and such interest shall be 
payable semi-annually. 

Sec. 3. And be it further (yrdained, That a majority of 
the Board of Finance of the Mayor and City Council of 
Baltimore be, and they are hereby, authorized to pass a 
resolution or resolutions, from time to time, to determine 
and set forth any or all of the following: 

(a) The amount of debt to be incurred by the Mayor 
and City Council of Baltimore at any particular time, and 
from time to time, under and pursuant to the provisions 
of this ordinance ; the date or dates when any bonds repre- 
senting said debt, or any part thereof, are to mature, and 
the amount or amounts of said debt, or any part thereof, 
which shall mature upon the aforesaid date or dates; and 
the semi-annual dates in each year, during the entire period 
of time when any of said bonds are outstanding, when in- 
terest on any of said bonds shall be payable. 

(b) The form or forms of the bonds representing the 
debt, or any part thereof, authorized to be issued under 
the provisions of this Ordinance at any particular time, 
including any interest coupons to be attached thereto; the 
provisions, if any, for the issuance of coupon bonds; the 
provisions, if any, for the issuance of fully registered bonds; 
the provisions, if any, for the registration as to piincipal 
of any coupon bonds; and the provisions, if any, for the 
conversion and reconversion into coupon bonds of any fully 
registered bonds or coupon bonds registered as to principal ; 
the place or places for the pa\TTient of principal and interest 
of said bonds; and the date of said bonds issued at any 
particular time, and the right of redemption of said bonds 
by the City prior to maturity; and 

(c) The time, place, manner and medium of advertise- 
ment of the readiness of the Board of Finance, acting for 
and on behalf of the Mayor and City Council of Baltimore, 
to receive bids for the purchase of the bonds authorized 



ORDINANCES 491 

to be issued hereunder, or any part thereof; the form, 
terms and conditions of such bids; the time, place and 
manner of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance 
are offered for sale and sold at the same time as other 
bonds of said City, to establish the conditions for bids and 
awards and to award all of said bonds on an all or none 
basis; and the time, place, terms and manner of settlement 
for the bonds so bid for. 

Sec. 4. And be it fiirther ordained, That: 

(a) All premiums resulting from the sale of any of the 
bonds issued and sold pursuant to the provisions of this 
Ordinance shall be applied first to defray the cost of issuance 
thereof and the balance, if any, shall be applied to the 
payment of interest on any of said bonds becoming due 
and payable during the fiscal year in which said bonds 
are issued and sold or during the next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordi- 
nance, and the bonds issued and sold pursuant thereto and 
their transfer, and the principal and interest payable thereon 
(including any profit made in the sale thereof) shall be 
and remain exempt from any and all State, county and 
municipal taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions 
of this Ordinance shall be sold at public sale to the highest 
responsible bidder or bidders therefor after due notice of 
such sale, but the Mayor and City Council of Baltimore, 
acting by and through the Board of Finance thereof, shall 
have the right to reject any or all bids therefor for any 
reason, and thereafter reoffer such bonds at public sale 
as aforesaid or at private sale, provided that if such bonds 
be offered at private sale they shall be offered for sale 
and sold for not less than par and accrued interest. 

Sec. 5. And be it further ordained. That until all of the 
interest on and principal of any bonds issued pursuant to 
the provisions of this Ordinance have been paid in full, 
the Mayor and City Council of Baltimore shall levy and im- 
pose an annual tax on each One Hundred Dollars ($100.00) 
of assessable property in the City of Baltimore at a rate 



492 ORDINANCES Ord. No. 83 

sufficient to produce revenue to pay all interest on and 
principal of all bonds theretofore issued and outstanding* or 
authorized to be issued and outstanding, payable in the 
next succeeding year. 

Sec. G. And be it further ordciiried. That this Ordinance 
shall be submitted to the legal voters of the City of Balti- 
more, for their approval or disapproval, at the General Elec- 
tion to be held in Baltimore City on Tuesday, the 4th day 
of November, 1980. 

Sec. 7. And be it further ordained. That prior to the date 
of the election hereinbefore mentioned, notice shall be given 
to the public of the amount of money which the Mayor 
and City Council of Baltimore is authorized to borrow, and 
the general purposes for which such borrowed funds may 
be expended, under the terms and provisions of this Ordi- 
nance, and the time when the election hereinbefore men- 
tioned is to be held; and such public notice shall be given 
in such manner and by such means or through such media 
and at such time or times as may be determined, from time 
to time, by a majority of the Board of Finance. 

Sec. 8. And be it further ordained, That the actual cash 
proceeds derived from the sale of the bonds authorized to 
be issued under the provisions of this Ordinance, not ex- 
ceeding the par value thereof, shall be used exclusively for 
the following purposes, to wit: 

(a) So much thereof as may be necessary, in addition 
to the premiums reahzed from the sale, if any, for the cost 
of issuance, including the expense of engraving, printing, 
advertising, attorneys' fees, and all other incidental ex- 
penses connected therewith ; and 

(b) The remainder of such proceeds to be used to make 
or contract to make financial loans to any person or other 
legal entity to be used for or in connection with the pur- 
chase, acquisition, construction, reconstruction, erection, de- 
velopment, redevelopment, rehabilitation, renovation, mod- 
ernization or improvement of buildings or structures, in- 
cluding any land necessary therefor, within the boundaries 
of Baltimore City, which buildings or sti*uctures are to be 
used or occupied for industrial pui-poses; to guarantee or 



ORDINANCES 493 

insure financial loans by third parties to any person or other 
legal entity which are to be used for or in connection with 
the purchase, acquisition, construction, reconstiiiction, erec- 
tion, development, redevelopment, rehabilitation, renovation, 
modernization or improvement of buildings or structures, 
including any land necessary therefor, within the boundaries 
of Baltimore City, which buildings or structures are to be 
used or occupied for industrial purposes; and for doing 
any and all things necessaiy, proper or expedient in con- 
nection with or pertaining to any or all of the matters or 
things hereinbefore mentioned; 

Sec. 9. And be it further ordained, That no part of the 
proceeds of sale of the bonds hereby authorized to be issued 
shall be expended until after the Board of Finance has de- 
termined, based upon such data as said Boai^d of Finance 
shall require to be submitted to it to enable it to make such 
determination, that any financial loans made, guaranteed or 
insured from such proceeds, shall, in fact, be self-supporting. 

Sec. 10. And he it further ordained, That the expenditure 
of the proceeds derived from the sale of the bonds authorized 
to be issued under the provisions of this Ordinance shall 
be in accordance with the provisions of the Charter of the 
Mayor and City Council of Baltimore, and by the municipal 
agency designated in the annual Ordinance of Estimates 
of the Mayor and City Council of Baltimore. 

Approved June 9, 1980. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 84 
(Council No. 229) 

AN ORDINANCE conceniing 

INDUSTRIAL DEVELOPMENT REVENUE BONDS— 
100 HOPKINS PLACE LIMITED PARTNERSHIP 

FOR the purpose of authorizing and empowering Mayor and 
City Council of Baltimore pursuant to the provisions of 



494 ORDINANCES Ord. No. 84 

Sul>Section (50) of Article II of the Charter of Baltimore 
City (1964 Revision), as amended, to issue, sell and de- 
liver, at one time or from time to time and in one or more 
sei'ies, as limited obligations of the City and not upon its 
full faith and credit, (a) its industrial development rev- 
enue bonds to be designated "Baltimore City, Maryland In- 
dustrial Development Revenue Bonds (100 Hopkins Place 
Commercial Facility Project)", in the aggregate prin- 
cipal amount not to exceed $1,000,000 (the "Commercial 
Facility Bonds"), for the sole and exclusive pui^pose of 
financing the acquisition and construction of a commercial 
facility to be located at 100 Hopkins Place in Baltimore 
City, and (b) its industrial development revenue bonds 
to be designated "Baltimore City, Maryland Industrial 
Development Revenue Bonds (100 Hopkins Place Parking 
Facility Project)", in the aggregate principal amount 
not to exceed $2,800,000 (the "Parking Facility Bonds"), 
for the sole and exclusive pui*pose of financing the con- 
struction of a parking facility to be located at 100 Hop- 
kins Place in Baltimore City; authorizing the Mayor of 
the City to accept, on behalf of the City, the letter of 
intent from 100 Hopkins Place Limited Partnership, a 
Maryland limited partnership, to the City dated ]\Iarch 
21, 1980; making certain legislative findings; authorizing 
and empowering the Board of Finance of the City, prior 
to the issuance, sale and delivery of the Commercial 
Facility Bonds and the Parking Facility Bonds, to adopt 
a resolution pursuant to which the Board of Finance (a) 
shall prescribe, among other things but not limited to, the 
foiTn, terms, provisions, manner or method of issuing and 
selling, and the time or times of issuance, and any and all 
other details of the Commercial Facility Bonds and the 
Parking Facility Bonds, and (b) do any and all things 
necessary, proper or expedient in connection with the 
issuance and sale of the Commercial Facility Bonds and 
the Parking Facility Bonds; authorizing the private 
(negotiated) sale of the Commercial Facility Bonds and 
the Parking Facility Bonds; providing that 100 Hopkins 
Place Limited Partnership shall agree to submit certain 
plans and specifications to, and to coordinate with, the De- 
partment of Housing and Community Development in 
connection with the acquisition and constriction of the 



ORDINANCES 495 

commercial facility and the parking facility; and gen- 
erally providing for and determining various matters 
and details in connection with the authorization, issuance, 
security, sale and payment of the Commercial Facility 
Bonds and the Parking Facility Bonds. 

RECITALS 

Sub-Section (50) of Article II of the Charter of Bal- 
timore City (1964 Revision), as amended, (the "Enabling 
Law") empowers Mayor and City Council of Baltimore 
(the *'City") to issue revenue bonds and to use the pro- 
ceeds of the sale of such revenue bonds to finance under- 
takings for the accomplishment of any of the pui-poses, 
objects and powers of the City. The general objectives of 
the City, contemplated by the Enabling Law, include the 
relief of conditions of unemployment in Baltimore City, 
encouraging the increase of industry and a balanced 
economy in Baltimore City, promoting economic develop- 
ment in Baltimore City, and promoting the health, wel- 
fare and safety of the residents of Baltimore City. 

The City has received a letter of intent dated March 
21, 1980, \the '^Letter of Intent") from 100 Hopkins 
Place Limited Partnership, a Maryland limited partner- 
ship (the ''BoiTower"), pursuant to which the BoiTower 
has requested the City (a) to participate in the financing 
of the acquisition and renovation by the Borrower of a 
certain building (hereinafter described) located at 100 
Hopkins Place in Baltimore City (the "Commercial Fa- 
cility"), by the issuance and sale by the City of its indus- 
trial development revenue bonds in the aggregate princi- 
pal amount not to exceed $1,000,000 (the "Commercial 
Facility Bonds") and by loaning the proceeds of such 
revenue bonds to the Borrower, upon the terms and con- 
ditions of a loan agreement to be entered into between 
the City and the Borrower (the "Commercial Facility 
Loan Agreement"), as permitted by the Enabling Law 
(such loan being herein referred to as the "Commercial 
Facility Loan"), and (b) to participate in the financing of 
the construction of a public parking facility (hereinafter 
described) to be located at 100 Hopkins Place in Baltimore 
City (the "Parking Facility"; and the Commercial Fa- 
cility and the Parking Facility being sometimes col- 



49G ORDINANCES Ord. No. 84 

lectively referred to herein as the "Facilities"), by the 
issuance and sale by the City of its industrial develop- 
ment revenue bonds in the aggregate principal amount 
not to exceed $2,800,000 (the "Parking Facility Bonds") 
and by loaning tlie proceeds of such revenue bonds to the 
Bori'ower, upon the tenns and conditions of a loan agree- 
ment to be entered into between the City and the Bor- 
rower (the "Parking Facility Loan Agreement"), as per- 
mitted by the Enabling Law (such loan being herein re- 
ferred to as the "Parking Facility Loan"). 

The Commercial Facility will consist of a presently 
vacant and unused building containing approximately 23,- 
000 square feet located at 100 Hopkins Place in Baltimore 
City, which the Bonx)wer intends to renovate for use as 
office and retail space and to thereafter lease such space 
to various tenants. The Parking Facility, which will be 
constructed on a vacant lot presently used for metered 
parking, will contain one story of retail space (approxi- 
mately 7,000 square feet) and sufficient parking space 
for approximately 350 cars. The Borrower anticipates 
that the acquisition and construction of the Facilities will 
create 60 to 80 new% pemianent employment positions and 
approximately 40 construction jobs in Baltimore City. 

The Commercial Facility Loan Agreement will require 
the BoiTower (a) to use the proceeds of the Commercial 
Facility Bonds solely to finance the acquisition and con- 
struction of the Commercial Facility, and (b) to make 
Commercial Facility Loan payments which will be suf- 
ficient to enable the City to pay the principal of and in- 
terest and premium, if any, on the Commercial Facility 
Bonds when and as the same shall become due and pay- 
able. The Parking Facility Loan Agreement will require 
the Borrower (a) to use the proceeds of the Parking 
Facility Bonds solely to finance the acquisition and con- 
struction of the Parking Facility, and (b) to make Park- 
ing Facility Loan i>ayments which will be sufficient to 
enable the City to pay the principal of and interest and 
premium, if any, on the Parking Facility Bonds when and 
as the same shall become due and payable. 

As security for the Commercial Facility Bonds, the 
City will enter into a trust agreement (the "Commercial 



ORDINANCES 497 

Facility Trust Agreement") with a corpoi*ate trustee 
(the "Commercial Facility Trustee") and as security for 
the Parking- Facility Bonds, the City will enter into a 
trust agreement (the ''Parking Facility Trust Agree- 
ment") with a corporate trustee (the "Parking Facility 
Trustee"), both to be apix)inted by the Board of Finance 
of the City (the "Board") by a resolution or resolutions 
(collectively, the "Resolution", whether one or more than 
one) to be adopted by the Board, at one time or from 
time to time, prior to the issuance, sale and delivery of 
the Commercial Facility Bonds and the Parking Facility 
Bonds (collectively, the "Bonds"). Pursuant to the Com- 
mercial Facility Trust Agreement and the Parking Fa- 
cility Trust Agreement the City will assign to the Com- 
mercial Facility Trustee and the Parking Facility Trustee, 
respectively, (among other things) (a) all of the City's 
right, title and interest in and to and remedies under the 
Commercial Facility Loan Agreement and the Parking 
Facility Loan Agreement, respectively, including (with- 
out limitation) any and all security referred to therein, 
excepting only the right of the City to indemnification 
bj' the Borrower and to payments to the City for ex- 
penses incurred by the City itself, (b) the receipts and 
revenues of the City from the Commercial Facility Loan 
and the Parking Facility Loan, respectively, (c) certain 
moneys which are at any time or from time to time on 
deposit with the Commercial Facility Trustee and the 
Parking Facility Trustee, respectively, (d) all right, title 
and interest in and to and remedies with respect to any 
and all other property of every description and nature 
from time to time by delivery or by writing of any kind 
conveyed, pledged, assigned or transfen-ed, as and for 
additional security for the Commercial Facility Bonds 
and the Parking Facility Bonds, respectively, by the City 
or by anyone on its behalf or with its w^ritten consent, to 
the Commercial Facility TiTistee and the Parking Facility 
Trustee, respectively, and (e) all of the City's right, title 
and interest in and to and remedies under such other 
documents, including (without limitation) mortgages, 
deeds of trust, guaranties and security instruments, as 
the Board shall deem necessary to effectuate the issuance, 



498 ORDINANCES Ord. No. 84 

sale and delivery of the Bonds and which the Board shall 
approve by the adoption of the Resolution. 

The Bonds will be sold at a private (negotiated) sale. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ENABLING LAW: 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That acting pursuant to the Enabling Law, 
it is hereby found and determined as follows: 

(1) The issuance and sale of the Commercial Facility 
Bonds and the Parking Facility Bonds by the City pur- 
suant to the Enabling Law^ in order to lend the proceeds 
thereof to the Borrower for the sole and exclusive pur- 
pose of financing the acquisition and construction by the 
Borrower of the Facilities w^ill facilitate and expedite the 
acquisition and construction of the Facilities by the 
Borrower. 

(2) The acquisition and construction of the Facilities 
by the Borrower and the financing thereof as provided 
in this Ordinance will serve to promote the general pur- 
poses contemplated by the Enabling Law by (a) creat- 
ing jobs and employment in Baltimore City; (b) en- 
couraging the increase of industry and the creation of a 
balanced economy in Baltimore City; (c) promoting eco- 
nomic development in Baltimore City; and (d) promoting 
the health, welfare and safety of the residents of Balti- 
more City. 

(3) Neither the Bonds nor the interest thereon shall 
ever constitute a pledge of or involve the faith and credit 
or the taxing power of the City, and neither shall con- 
stitute a debt of the City within the meaning of Section 7 
of Article XI of the Constitution of Maryland or any other 
constitutional or charter provision or statutory limitation, 
and neither shall ever constitute or give rise to any 
pecuniary liability of the City. The Commercial Facility 
Bonds and the Parking Facility Bonds and the respective 
interest thereon shall be limited obligations of the City, 
repayable by the City solely from the revenue derived 
from Commercial Facility Loan repa\Tiients (both prin- 
cipal and interest) and Parking Facility Loan repay- 



ORDINANCES 499 

ments (both principal and interest), respectively, made 
to the City by the Borrower on account of the Commercial 
Facility Loan and the Parking Facility Loan and from 
any other moneys made available to the City for such 
purpose. The proceeds of the Commercial Facility Bonds 
and the payments to be made by the Borrower pursuant 
to the Commercial Facility Loan Ag-reement will be paid 
directly to the Commercial Facility Trustee to be held and 
disbursed by the Commercial Facility Trustee as pro- 
vided in the Commercial Facility Trust Agreement to 
be approved by the Board in the Resolution. The proceeds 
of the Parking Facility Bonds and the payments to be 
made by the Borrower pursuant to the Parking Facility 
Loan Agreement will be paid directly to the Parking 
Facility Trustee to be held and disbursed by the Park- 
ing Facility Trustee as provided in the Parking Facility 
Trust Agreement to be approved by the Board in the 
Resolution. No such moneys will be commingled with the 
City's funds or will be subject to the absolute control of 
the City, but will be subject only to such limited super- 
vision and checks as are deemed necessary or desirable 
by the City to insure that the proceeds of the Bonds are 
used to accomplish the public purposes of the Enabling 
Law and this Ordinance. The loan form of transaction 
authorized hereunder shall in no event constitute a capital 
project within the meaning of any charter or statutory 
provision. The public purposes expressed in the Enabling 
Law are to be achieved by facilitating the acquisition and 
construction of the Facilities by the Borrower. 

(4) The City will acquire no interest in the Facilities 
other than (a) any general interest in the Borrower's 
property shared by all holders of the Borrow^er's obliga- 
tions which rank and are secured equally with the Bor- 
rower's obligations pursuant to the Commercial Facility 
Loan Agreement and the Parking Facility Loan Agree- 
ment, respectively, (b) any lien and security interest 
created by the Commercial Facility Loan Agreement and 
the Parking Facility Loan Agreement, respectively, and 
(c) any interest created by any other mortgage or deed 
of trust or other security instrument executed and de- 
livered by the Borrower or any third party as security 
for the Commercial Facility Loan, the Parking Facility 



500 ORDINANCES Ord. No. 84 

Loan, the Commercial Facility Bonds or the Parking Fa- 
cility Bonds, as the Board may provide for and approve 
in the Resolution. The security for the Commercial Facil- 
ity Bonds and the Parking Facility Bonds shall be solely 
and exclusively (a) the absolute, irrevocable and uncon- 
ditional obligations of the Borrower to make the pay- 
ments required by the Commercial Facility Loan Agree- 
ment and the Parking Facility Loan Agreement, respec- 
tively, (b) moneys realized from the liquidation of any 
lien and security interest created by the Commercial 
Facility Loan Agreement and the Parking Facility Loan 
Agreement, respectively, and the liquidation of any other 
lien or security interest created with respect to any prop- 
erty as security for the Commercial Facility Loan or the 
Parking Facility Loan, respectivel3% or the Commercial 
Facility Bonds or the Parking Facility Bonds, respectively, 
as the Board may provide for and approve in the Resolu- 
tion, and (c) moneys realized from any guaranty of the 
Commercial Facility Bonds or the Parking Facility Bonds, 
respectively, or of the Commercial Facility Loan or the 
Parking Facility Loan, respectively, as the Board may 
provide for and approve in the Resolution. 

(5) The Borrower shall covenant and agree in the 
Commercial Facility Loan Agreement and the Parking 
Facility Loan Agreement to properly operate and main- 
tain the Commercial Facility and the Parking Facility, 
respectively, during the time any of the Commercial Fa- 
cility Bonds or the Parking Facility Bonds, respectively, 
are outstanding. 

(6) The best interests of the City will be served by 
selling the Bonds at private (negotiated) sale, as author- 
ized by the Enabling Law, upon terms and conditions 
approved by the Board in the Resolution. 

Sec. 2. And be it further ordained, That the City is 
hereby authorized and empowered to issue, sell and de- 
liver, at one time or from time to time and in one or more 
series, as limited obligations of the City and not upon its 
full faith and credit, its Baltimore City. Maryland Indus- 
trial Development Revenue Bonds (100 Hopkins Place 
Commercial Facility Project), in the aggregate principal 
amount not to exceed $1,000,000 (the "Commercial Fa- 



ORDINANCES 501 

cility Bonds"), subject to the provisions of this Ordinance. 
The proceeds of the Commercial Facility Bonds will be 
loaned to the Borrower pursuant to the ternis and pro- 
visions of the Commercial Facility Loan Agreement, to 
be used by the Borrower for the sole and exclusive pur- 
pose of financing" the acquisition and construction of the 
Commercial Facility. The Commercial Facility Bonds and 
the interest thereon shall be limited obligations of the 
City, repayable by the City solely from the revenue de- 
rived from Commercial Facility Loan repayments (both 
principal and interest) made to the City by the Borrower 
pursuant to the Commercial Facility Loan Agreement and 
from any other moneys made available to the City for 
such purpose. The security for the Commercial Facility 
Bonds shall be solely and exclusively as provided in Section 
1 of this Ordinance. 

Sec. 3. And be it further ordained, That the City is 
hereby authorized and empowered to issue, sell and de- 
liver, at one time or from time to time and in one or more 
series, as limited obligations of the City and not upon